Tax Law Questions & Answers

Q: Fence property line

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Answered on Oct 11, 2017

The house will sell according to the survey plat. If the fence is outside the parameter of the plat then it is a problem. You might be able to "give" it to the owner of the land or remove it completely and restore the other owner's land to the point it was before the fence was erected.

There are also time elements to consider, how long ago did it happen, who has paid the taxes until now, did the other property owner have knowledge of it all along and did they ever do anything, etc....
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Q: Can a publisher legally file their taxes without knowing the real names of the authors who publish through them?

1 Answer | Asked in Tax Law for Washington on
Answered on Oct 11, 2017

This proposed business model may cause some issues with intellectual property and copyright issues (and perhaps other issues if the reasons for secrecy impacted criminal law concerns), but for tax purposes the biggest issue would be not being able to issue 1099s to your authors. Typically publishers would receive the income for any works sold and then would pass through the income to the authors as royalties. For tax purposes, when you issue payments in the course of business of more than $600...
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Q: if a person with a pending asylum/refugee case with no EAD granted yet was found working in the USA? what will happen?

1 Answer | Asked in Immigration Law and Tax Law for New York on
Answered on Oct 10, 2017

Asylum looks for whether there was 1. past persecution and/or 2. a well-founded fear of future persecution. Though the asylum officer or judge is supposed to decide on those two standards, the other circumstances are aggravating factors towards a negative finding towards the immigrant.
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Q: How are you gonna pay taxes if you have multiple jobs?

1 Answer | Asked in Tax Law for California on
Answered on Oct 10, 2017

If you are living and working in Oregon you must contact an Oregon licensed attorney to ask for help on this issue.
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Q: What is the maximum of checking accounts you may have?

5 Answers | Asked in Bankruptcy, Personal Injury, Tax Law and Consumer Law for California on
Answered on Oct 9, 2017

i am not sure if that is a legal question.

i am not aware of a limit..........if it is with one bank they may have policies
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Q: I cannot find my mother's will. I have a brother. He told me to handle things. Will we still go through probate?

2 Answers | Asked in Estate Planning, Tax Law and Probate for Utah on
Answered on Oct 9, 2017

I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and other liabilities exceed her net worth, then it may not be worth the cost and time of going through the probate process, in which case you need not do anything. It may be worth consulting a probate...
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Q: My mother passed away with an estate of about $130,000 (no house or car).

1 Answer | Asked in Tax Law and Probate for Ohio on
Answered on Oct 9, 2017

Talk to the attorney who is handling her probate case. If there is no attorney, consider talking to an attorney, so that the probate is handled properly. Use the Find a Lawyer tab.
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Q: Estate planning for S corporation stock and bank accounts. Appropriate wording for a will, Qtip-Qsst?

2 Answers | Asked in Business Law, Estate Planning and Tax Law for California on
Answered on Oct 8, 2017

This question is FAR too complex to provide any meaningful guidance in a forum like this.

For example, a Qualified Subchapter S-Corp Trust (QSST) is eligible to hold stock in an S corporation but there can be only one beneficiary of the trust and all income must be distributed at least annually. If you plan to continue to operate post death, this might be useful, but if not, there are other types of trusts and entity structures that may be more useful. QTIP trusts were far more useful...
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Q: Can my for profit business make a tax deductable donation to my non profit?

1 Answer | Asked in Tax Law for Colorado on
Answered on Oct 6, 2017

The only business that can deduct a charitable donation is a corporation. LLCs, S-corps, sole-props, etc... all pass that deduction directly to the owners and is not deducted at the entity level.

The next question is does this qualify as self-dealing. Given the details you've presented there's no way to know.

This is a question for your attorney. if you're running a two businesses you need an attorney.
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Q: Do plug-in electric vehicles qualify for a tax exemption under Section 40-9-1-(20) of the Code of Alabama?

1 Answer | Asked in Tax Law for Alabama on
Answered on Oct 6, 2017

if the vehicle is brand new, a tax exemption of up to $7k is allowable under the federal tax laws.
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Q: The county made a mistake and misapplied my tax payment and I lost my home. Was the right to pay my tax violated?

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Civil Rights for Michigan on
Answered on Oct 6, 2017

So I have handled these matters before. You will need to provide documentation to support your statements. In a situation like this, a real estate attorney needs to review your documents and can then give you direction.
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Q: Can a newly formed Corporation be assessed penalties for an old Corporation that was dissolved by proclamation?

1 Answer | Asked in Business Formation and Tax Law for New York on
Answered on Oct 5, 2017

You do not owe this money. They will not come after a new corporation.
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Q: My boss paid me under the table is there any way I can report this on my tax return?

1 Answer | Asked in Tax Law, Employment Law and Immigration Law for California on
Answered on Oct 2, 2017

There occur numerous such incidents. You want to show the whole income whereas you employer have limitations in terms of their tax record, etc. There appear to be a make or break situation of interests.

As a first step informally consult with you paymaster for advice and based on his views, consult Attorney of your local jurisdiction for a formal advice.
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Q: Are damages awrded in a settlement for unpaid wages garnishable/taxable?

1 Answer | Asked in Consumer Law, Employment Law and Tax Law for Oregon on
Answered on Sep 30, 2017

Potentially. Taxable as income, almost always and often they are run through as payroll and subject to withholding. Garnishment if the person paying knows it is to be garnished.
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Q: Does lawyer get back more or less money from filed taxes, if?

1 Answer | Asked in Tax Law for Maryland on
Answered on Sep 28, 2017

Monies in escrow should have absolutely no bearing on an attorney's tax liability. A retainer should be held in a lawyer's escrow account and not be withdrawn until earned. Once money is earned, it becomes income subject to tax. Any unearned portion should be refunded when the attorney/client relationship ends (or the representation stops per agreement).
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Q: I'm starting a small delivery business, drivers will be independent contractors, what tax forms should I file under?

1 Answer | Asked in Tax Law for Maryland on
Answered on Sep 28, 2017

First, businesses should be very sure that any independent contractors are truly independent. This is an area where the IRS seeks verification that the independent contractors are not mis-classified employees. If they are correctly classified, then they would receive a 1099 at the end of the tax year.
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Q: Can I write checks from my mothers and my bank account for 2 siblings to get a 1/3 after her death and who pays tax?

1 Answer | Asked in Tax Law for Maryland on
Answered on Sep 28, 2017

Generally speaking, how a bank account will be disbursed will depend on how the account was titled. If, for instance, an account is titled as tenants in common, then a portion (typically 1/2) will need to go through an estate while the remaining portion would not. On the other hand, bank accounts titled as joint tenants with rights of survivorship will typically give the surviving owner immediate rights to disburse. Sometimes someone is listed on a bank account not as a co-owner but as an...
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Q: I intend to pay off mortgage on my son's house to prevent mortgage svc company from foreclosing and losing his equity.

1 Answer | Asked in Real Estate Law and Tax Law for South Dakota on
Answered on Sep 19, 2017

Not if everything goes through as planned.
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Q: Can someone pay your back property tax without your knowledge and then try to sue you for that money back

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
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 suit paper which should spell out why they think you owe them money. But don't ignore court papers.
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Q: if an adult child has been living in dead fathers home and never changed over title and now its up for tax sale

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Real Estate Law for Maryland on
Answered on Sep 18, 2017

The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.

Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however, paying the back taxes and fees won't automatically make the person who paid the owner. Oftentimes in this type of situation the person who intends to pay might reach agreement with the heirs of the record...
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