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California Tax Law Questions & Answers
2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on May 9, 2024

Thank you for asking the question!

For evicting a tenant, you need to go through the formal legal process of eviction. Self-help of the landlord is prohibited. You cannot throw away the tenant's property as soon as you win the property.

Also, there is a right of redemption...
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2 Answers | Asked in Landlord - Tenant, Tax Law, Foreclosure and Real Estate Law for California on
Q: Eviction process, rights & responsibilities of new owner after tax default sale Lassen County, CA.

What is the correct process and what documents/notices do I use in order to evict a former owner from property that I purchased in a tax default sale/auction located in Lassen County, CA? Also am I allowed to dispose of items left on the property as soon as I am notified as winner of... View More

James L. Arrasmith
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answered on May 9, 2024

In Lassen County, California, when you purchase a property through a tax default sale/auction, you become the new legal owner. However, you must follow the proper eviction process to remove the former owner from the property. Here's a general overview of the process:

1. Serve a 3-Day...
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1 Answer | Asked in Tax Law for California on
Q: After an OIC approval, and I've complied with all the approval terms, is there any way the IRS can still collect?

After receiving an Offer In Compromise approval, and provided I comply with all the approval terms, i.e. pay my taxes in full and on time for 5 years, is there any way the IRS can still collect back taxes?

James L. Arrasmith
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answered on Apr 23, 2024

If you have received an Offer in Compromise (OIC) approval from the IRS and comply with all the terms of the agreement, including paying your taxes in full and on time for the next 5 years, the IRS generally cannot collect on the back taxes that were included in the OIC agreement.

However,...
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1 Answer | Asked in Immigration Law and Tax Law for California on
Q: Will I be able to apply for a tourist visa after giving up my green card?

I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.

James L. Arrasmith
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answered on Apr 13, 2024

Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:

1. Tourist Visa Applications:

When you apply for a tourist visa after...
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1 Answer | Asked in Tax Law for California on
Q: What rate are non-personal injury settlement payments taxed at in California?

Employer agreed to pay me the rest of a contract amount after they breached their employment contract with me. Sent over a release agreement which I signed and then they sent the money via direct deposit the next day. When I received the check, over half the total, which was under $100k, had been... View More

James L. Arrasmith
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answered on Apr 11, 2024

Non-personal injury settlement payments are generally considered taxable income and are subject to both federal and state income taxes. However, the tax rate applied depends on various factors, such as the nature of the settlement and your total taxable income for the year.

Regarding the...
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1 Answer | Asked in Tax Law for California on
Q: I have a question about safe harbor rules for California residency, the intangible income limit.

I moved to Europe with my family last year. I have an open-ended contract as an employee and my husband doesn't work. California safe harbor rules say that there is a $200,000 intangible income limit to qualify. Is this limit per person (since both me and my husband can claim safe harbor) or... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, the safe harbor rule for determining residency and the $200,000 intangible income limit applies per taxpayer, not per couple. This means that if you and your husband qualify for the safe harbor rule individually, you can each have up to $200,000 in intangible income and still... View More

2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

David S. Greenberg
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David S. Greenberg
answered on Apr 3, 2024

HOW DOES A MARRIED COUPLE QUALIFY FOR THE $500,000 EXCLUSION?

1. At least one spouse must have owned the home for two out of the last five years. The years can be split up – one in 2019 and one in 2021 – but the time has to equal 730 days out of the past five years.

2. And, both...
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2 Answers | Asked in Divorce, Tax Law and Family Law for California on
Q: capital gain exemptions married couple file jointly on settling a house is $500,000What about if sold after divorce

and what to do to keep $250,000 each exemptions in California

James L. Arrasmith
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answered on Apr 3, 2024

Under California law, if a married couple files their taxes jointly and sells their primary residence, they can exclude up to $500,000 of capital gains from their taxable income. However, if the couple divorces and then sells the house, the tax implications may change.

After a divorce, each...
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1 Answer | Asked in Tax Law for California on
Q: I have a property inheritance and tax question.

Hello Attorney, a few years ago we inherited a cabin and a dock in Lake Arrowhead, California. Because that happened before Proposition 19 went into effect, we were able to keep the original property assessment. However, we were told by the county, well someone who answered the phone, that we... View More

James L. Arrasmith
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answered on Mar 28, 2024

Under California law, property inheritance and tax assessments are subject to specific regulations which can indeed differ based on the type of property and the timing of the inheritance. Before Proposition 19, certain properties, including primary residences inherited from parents or grandparents,... View More

1 Answer | Asked in Entertainment / Sports, Social Security and Tax Law for California on
Q: I went to the casino & won $2,000 then went again & won $2,000 & $4,000 I’m on SSI do I need to report that to SSI ?
James L. Arrasmith
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answered on Mar 19, 2024

If you're receiving Supplemental Security Income (SSI), it's important to understand that this program has strict rules about reporting income and assets. Winnings from gambling, such as the $2,000 and $4,000 you mentioned, count as income in the month they are received and could be... View More

1 Answer | Asked in Military Law and Tax Law for California on
Q: Can the US Treasury take my taxes and garnish my wages for "Lost Equipment " from my military service over 10 years ago?

Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More

1 Answer | Asked in Gov & Administrative Law and Tax Law for California on
Q: Is it possible to sue the state for discrimination regarding property tax?

I pay property tax on my home….the homeless pay no property tax on their home. Discriminatory.

James L. Arrasmith
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answered on Mar 13, 2024

While it is technically possible to sue the state for discrimination regarding property tax, your specific argument about discrimination between homeowners and homeless individuals is unlikely to be successful.

Here's why:

1. Equal Protection Clause: The Equal Protection Clause...
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1 Answer | Asked in Tax Law and Probate for California on
Q: Is there any California law preventing me from paying my deceased fathers back taxes out of pocket?

My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More

James L. Arrasmith
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answered on Mar 12, 2024

Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More

1 Answer | Asked in Employment Law and Tax Law for California on
Q: Was I overtaxed on my severance?

I was terminated from my employment and signed a severance agreement with my employer. The amount listed in the contract was 3 months severance minus standard payroll deductions & withholdings. However, when I received the lump sum severance amount and reviewed deductions, I was taxed over 40%... View More

James L. Arrasmith
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answered on Mar 7, 2024

In California, severance pay is often treated as supplemental income by the IRS and is subject to federal withholding rates. If your employer did not consider it as supplemental wages, it's important to understand how severance pay is taxed. Severance pay can be taxed at a higher rate... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for California on
Q: What are the tax implications of a tenant in common gifting their 50% interest to the other 50% owner?

50/50 unmarried tenants in common on residential property in Riverside, California. Tenant A wants to gift 50% interest so Tenant B is the sole owner on the title. What's the best way to go about this (quit claim deed?) and tax implications?

James L. Arrasmith
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answered on Mar 1, 2024

When a tenant in common wishes to gift their 50% interest in a residential property to the other tenant, ensuring the transfer is executed correctly is crucial. In California, one common method to transfer such an interest is through a quit claim deed. This document will effectively transfer the... View More

1 Answer | Asked in Tax Law for California on
Q: Can I still register for a case action suit againest optima tax relief?
James L. Arrasmith
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answered on Feb 25, 2024

Under California law, your ability to register for a class action lawsuit against Optima Tax Relief depends on the specific circumstances of the case and the deadline to join as a class member. Class action lawsuits have defined periods during which affected parties can sign up or... View More

1 Answer | Asked in Health Care Law and Tax Law for California on
Q: Ive 30 days to pay a health INS premium, if not paid, my plan will be canceled. Will it cause lapse in health coverage?

If I do not pay my monthly health insurance bill from covered CA, the bill says my plan will be canceled. If I do not use the health plan for the 30 days will this cause a lapse in insurance when I do my taxes next year? Also, will I have to pay the 30 day monthly premium to the health insurance... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, not paying your health insurance premium and having your Covered California plan cancelled after 30 days would likely cause a lapse in coverage when you go to file taxes and could have other negative impacts. Specifically:

- If your plan is cancelled for non-payment of premiums, this...
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1 Answer | Asked in Tax Law and Immigration Law for California on
Q: Can F-1 students become “residents for tax purposes” under certain conditions?

"Most F-1 students and scholars who are in the US are nonresident aliens for tax purposes.

You will be considered a resident for tax purposes if you pass the substantial presence test."

This would mean every single student studying for longer than 2 quarters is a resident... View More

James L. Arrasmith
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answered on Feb 21, 2024

You are correct that F-1 student visa holders are generally exempt from the substantial presence test for their first 5 calendar years in the United States. This means they would retain nonresident alien status for tax purposes during that initial period.

Specifically, IRS code...
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1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for California on
Q: I have to petition the superior court of Monterey, and need an attorney for real estate and tax law any Suggestions

My properties sold under tax default now the same agency that sold them has stated they made a mistake and I over paid said taxes I want to reclaim my properties and file suit on the agency

James L. Arrasmith
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answered on Feb 21, 2024

In your situation, seeking legal representation experienced in real estate and tax law is crucial, especially given the complexities of property sales under tax default and subsequent claims against a governmental agency. Attorneys with a focus in these areas will be able to navigate the legal... View More

1 Answer | Asked in Tax Law and Elder Law for California on
Q: How do I fire a attorney who has not kept me in the loop and has funds of my inheritance
James L. Arrasmith
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answered on Feb 21, 2024

If your attorney has not kept you informed about your case and has not provided updates regarding the status of your inheritance funds, you have the right to terminate the attorney-client relationship. Begin by sending a formal written notice to your attorney expressing your dissatisfaction with... View More

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