Lawyers, Answer Questions  & Get Points Log In
Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Tax Law for California on
Q: CA Prop 19: After parent-child transfer, if child uses home as principal res. for years, is it reassessed if he leaves?

I have a question about CA Prop 19 that I haven’t seen addressed anywhere yet, and was hoping someone from this Q&A forum might have an answer.

Prop 19 for the most part repeals Prop 58, which allowed parents to transfer a house to their children, without the house being reassessed... Read more »

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

Congratulation, you sound like a tax pro and seek speculation on I believe a proposed new law. That may be tough one. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: No solicitation is intended by answering general questions in this forum. This is for information purposes,...
Read more »

1 Answer | Asked in Business Law and Tax Law for California on
Q: If i invest 20k in a company LLC partnership Sub S Filing and and i enjoy 60 % interest in said company.

The Company suffers a 100K loss and my share means 60k loss is past to me... would I be affecting my personal AGI by 20k or 60k? If I had 50k actual income would my AGI tax liability be zero 0 or would it be 30k??? Thank you for this service and your input.

Zaher Fallahi
Zaher Fallahi answered on Oct 25, 2020

You should consult a tax attorney to advise you on the LLC being taxed as an S corporation with the LLC terms and potential legal peril of an S Corp having two types of stock. Generally, your loss is limited to your basis. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: Went to court in July for my house judge ordered a pay and stay we have done that every month

The property manager is trying to throw us out in 10 days by q constable when we called the judges office we were told we could appeal it is that right or no

Kent Petry
Kent Petry answered on Oct 22, 2020

Check your court paperwork, and if the judge's office told you that you were able to, you should certainly take advantage of that option. Without more information, it is difficult to speak to your specific situation, but at least in general there is a CDC issued stay on evictions for... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Pennsylvania on
Q: I want to buy a piece of property that has back taxes owed on it. who is responsible to pay those taxes. Thank you.
Elizabeth Tarasi
Elizabeth Tarasi answered on Oct 22, 2020

The owner of the property. The taxes will be paid at the closing.

1 Answer | Asked in Tax Law for Texas on
Q: Do I qualify for capital gains relief on sale of my rented house?

In 2015 my wife and I moved to Dallas from our primary residence in Austin for a new job opportunity. We rented the house out until 2019 when we then sold it. According to IRS publication 523 if you take a job over 50 miles from your primary residence, you should be eligible for some capital gains... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 21, 2020

Your CPA is probably correct (at least in part). It depends on how long you used it as a rental property. I published a article in the Tax Adviser on this code section (section 121).

https://www.thetaxadviser.com/issues/2019/apr/involuntary-conversion-principal-residence.html

1 Answer | Asked in Tax Law and Probate for Michigan on
Q: I am the PR of my cousin estate, per probate court.

She died with no will, hence probate court. She had no kids and her husband died 4 years before her, she has no siblings.

We are in Michigan. Everything was sold and put into "Estate of" bank account. When this is closed, which is in next couple weeks, do we pay taxes on the money... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 21, 2020

Probably not, but without a FULL understanding of things it is impossible to say FOR SURE.

There may be an estate tax return required, or maybe not,

There may be capital gains taxes due, or maybe not.

It is unlikely that YOU will be charged taxes, but if things 'pass...
Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Tax Law for Alabama on
Q: Owner of home died owing mortgage for a trailer that sits on my property can I claim it due to it being surveyed wrong

We recently discovered that a mobile home sits on the back corner of our property we found out the owner died owing a mortgage her family informed me that they knew it was on my property due to the survey being done incorrectly but never informed us of the error can the mortgage company be held... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 19, 2020

There is too much missing information to answer your question. You should schedule a personal consultation with an attorney to review the entire situation.

For example, a mobile home is generally considered personal property. In that case, there is nothing to prevent a lender from taking...
Read more »

2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: Would my father be responsible for Capital Gains tax if he were to sell his House?

My dad owns his house in Cupertino, it was reappraised after my mom passed a little over a year ago for 2.5 million. If he were to sell it today for say 3.0 million, would he need to pay Capital Gains? I was under the impression, that from the 2.5 appraisal and 250K exclusion for my dad and 250k... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

Tax questions are very complex and a public forum such as this is not the place to find an answer to rely on. You need to take all the information and documents to a tax attorney or tax accountant for an opinion. There is also something called a 1031 exchange, which you can transfer the excess... Read more »

View More Answers

3 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for California on
Q: If I inherited my father's house after he passes, and I sell it, do I get hit with capital gains tax?

My father owns a house outright in California. I am the only child, and the house is in trust to be inherited down to me. My mother passed 2 years ago. If I in turn sell the house after my dad passes, do I get hit with capital gains tax?

Sally Bergman
Sally Bergman answered on Oct 18, 2020

When your mother passed two years ago, the property received a "step-up" in basis to market value at that time. When your father dies, the property will get a second step-up in basis to the then market value. This assumes the property was community property and that the trust did not... Read more »

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for California on
Q: capital gains tax

My dad is 83 owns a house outright here in california. My mother passed 2 years ago. The house is in trust to me (only son) if he were to pass. If he does pass, and the house is inherited by me, and I sell it after that, do I get hit with capital gains tax?

David S. Greenberg
David S. Greenberg answered on Oct 18, 2020

When your dad passes, the basis is stepped up to then current market value. If there is no increase in value by the time you sell it, there will be no capital gains tax exposure.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: GirlFriend and I bought a house for 280K. Paid 50-50, joint ownership 50-50. If I gift house to GF is there tax issue?

1) Will there be tax liability if I gift the house to GF? Tax liability for either GF or me?

2) Is it possible to gift part of the house annually? For example 10% first year, 20% second year and so on and 5 years later, she owns the complete house?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2020

At the present time the gift tax exemption is more than $11 million per person. You could gift your entire share to her all at once and not incur any gift tax as long as that gift plus prior gifts made by you in the past do not exceed $11 million in the aggregate.

3 Answers | Asked in Legal Malpractice and Tax Law for California on
Q: If I am a Personal Injury Lawyer and win a case do I pay taxes on the money I got from the case

I am in California

Haleh Shekarchian
Haleh Shekarchian answered on Oct 17, 2020

Taxes would have to be paid on attorney’s fees the attorney is charging since that is an earring.

View More Answers

2 Answers | Asked in Tax Law for Florida on
Q: Who pays the sales tax on the sale of a motor vehicle by a private individual to a dealer which is out of state?

Seller lives in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

The individual who sold the car is supposed to pay the sales tax to Florida because the transaction occurred here; delivering it out of state is not a sale.

Explanation: The reason why Florida businesses "charge" you and me sales tax is because they are paid by Florida to...
Read more »

View More Answers

1 Answer | Asked in Tax Law for Florida on
Q: Is my mom responsible for reemployment taxes my father owed when he was alive from a corporation solely under his name?

They were married at the time of his death. Also, the corporation was dissolved while he was alive.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

Although I would need the exact relevant dates to be able to answer confidently, I will say--generally--that unless your mom had some real ownership in your dad's old company she is not PERSONALLY liable for the unemployment taxes owed to the state.

Whether your dad dissolved his...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: Judgement lien for cigarette tax for NJ for online ordering.

Years ago I ordered cigarettes online without realizing they were so cheap because tax wasn't charged. My housemate and I are both on deed and both listed as single with right of survivorship. We have never been married and are not in romantic relationship. It is my understanding we both are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

The rule is that a judgment is valid for a period of 20 years. However, a judgment creditor may apply to the court to have the judgment extended for an additional 20 year period. When a judgment is docketed, it becomes a lien against all property the judgment debtor owns at the time the the... Read more »

1 Answer | Asked in Gov & Administrative Law, International Law and Tax Law for New York on
Q: I am an international PhD student in the States. I want to simultaneously obtain a PhD in my home country.

My presence in my home country is not needed, I can work with my advisor remotely. My US advisor knows my home country advisor; they work on very close problems, they are both okay with this scenario. Can I legally do it, from the point of view of the US laws? I receive a scholarship in the States... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

If a visa of any type is involved, you may want to additionally repost in the Immigration Law section - it's possible the insight of an immigration attorney could be valuable, and possibly more relevant than the other categories, depending on circumstances. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law for North Carolina on
Q: I owe 17,000 in back taxes for my county, what can I do to keep from losing my home?
Ben Corcoran
Ben Corcoran answered on Oct 15, 2020

Speak to the county and see if they are willing to set up a payment plan. If foreclosure proceedings have begun, it is likely too late for you to do anything.

1 Answer | Asked in Tax Law for Texas on
Q: How do I keep my tax return $ if ex didn't file/pay 1099/our tax for several yrs?

We were married for 20 years and now divorced for 3yrs.

I was a stay at home mom the entire time and my (ex)husband worked in IT- most of his work was contract so when we received his tax forms, they were 1099. Most times he pushed off the taxes to me to file (I had us go to HRBlock) but... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 14, 2020

If neither of you filed for the years in question and the IRS filed for you then you can file married filing separately. This may result in you being able to get back some money if you would have been entitled to a refund. If a joint return was filed then you will likely need professional... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.