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Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Probate for Florida on
Q: My brother sent me a check for over $50,000 his name was also on my mother's checking account for the last 2 years

Since his name was on it he said it doesn't have to go through probate so you wrote me a check for over $50,000. Should I cash this check or make him give me multiple checks so the banks don't tell the IRS even though it's inheritance. He wrote inheritance on the check but everything... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 19, 2022

I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Jane Kim
Jane Kim
answered on Sep 2, 2022

Yes, there is an early withdrawal penalty unless you are very close to retirement then you should consult with an accountant because in certain situations you would not have to pay the penalty. And if you use it toward first time home buying, there is an exception to the penalty.

Good luck.

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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 2, 2022

This is not a legal matter. This is a question for the retirement account customer service folks.

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1 Answer | Asked in Tax Law for Florida on
Q: How do I get a piece of property back. The buyer stop making payments and it’s now going up for tax sale. I
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2022

It depends on the terms of your contract, but in general you evict the buyer. Get an attorney.

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Q: Florida statue 95.18 question is about the "or" meaning you have a claim if you complete A,B, and

or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2022

If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.

2 Answers | Asked in Tax Law, Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a "single family" tax district in Florida 0001 on property tax records.

my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... Read more »

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2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Florida on
Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2022

It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: Instead of buying a property with a closing can I just transfer the ownership of the LLC which owns the property?

The property is located in Florida, currently owned by a Florida LLC with one member. The property has no mortgage or liens. I would be 'owner financing' it with the current owner to avoid closing costs and a taxable value increase.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2022

The purpose of a closing is to protect you and the seller of the property. If you believe the "property has no mortgage or liens", you must have had a title search done, and presumably want title insurance to protect you in case whoever did the title search missed something. Also, the... Read more »

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1 Answer | Asked in Divorce and Tax Law for Florida on
Q: Divorced 2020, quitclaimed. On mortgage until 2021. Received 1098 form. Can I still file this for taxes?

Divorced in 2020, quitclaimed house to wife. Moved out of home and into apartment. I make no mortgage payments per our marital agreement. She re-financed the home in her name in November 2021. I still received a 1098 form from original lender. Can I still file this for my taxes?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 12, 2022

First you need to read your marital settlement agreement carefully regarding this issue. However, if the agreement is silent and you did not make the mortgage payments then you should not be claiming the interest paid. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Hi, I'm about to sell my home in Florida. I have a question about the capital gains tax exemption.

My understanding is that you have to have been living in the house for at least two years to qualify for this exemption. My question is, the two years have to be from the closing date (when I bought the home) to the selling closing date? Or from the buying closing date to when I started the process... Read more »

Jane Kim
Jane Kim
answered on Mar 29, 2022

This is a question for your accountant.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: What constitutes "purchase price" or "amount realized" when dealing with FIRPTA real estate transactions?

I am considering buying a house from a foreign seller with a 300k purchase price. The issue is the seller wants the buyer to cover realtor commissions, title insurance and prorated tax which amount to 18k (costs normally covered by seller). The sellers goal is to net 300k. I am concerned with being... Read more »

Jane Kim
Jane Kim
answered on Mar 24, 2022

You should repost this under Tax law, or contact your accountant.

Thank you.

1 Answer | Asked in Tax Law for Florida on
Q: Is a legal resident of Florida who pays property tax in NY required to pay NY school tax which is paid separetly?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2022

It would depend on what the New York law on school taxes provides, but probably. You should ask this question in Justia > Ask a Lawyer > New York, to get a more reliable answer.

2 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Can a beneficiary request that their inheritance be transferred to an account which is not in their name?

The account was opened by their girlfriend.

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 12, 2022

Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be... Read more »

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1 Answer | Asked in Tax Law for Florida on
Q: Do I have to pay taxes on a gift from china?

My wife is chinese (no green card yet but in the process) her parents will help us buy a house by sending 300k. China? They send it to my account ? Will I have to pay taxes on the money or should they send to her ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2022

Quite probably. Ask a tax preparation professional about the federal gift tax. It probably doesn't make any difference, tax-wise, whether they give it to you or your wife.

2 Answers | Asked in Employment Law and Tax Law for Florida on
Q: Hi, I'm working for the restaurant since Nov 17th. I've got paid by checks, and my employer refused to give me W-2.

I signed W-4 on Dec 8th 2021. The employer said that she didn't take tax from my income, so she can't give me W-2. I told her i can send her tax to her and she still said she can't give me w-2. What can I do to get my W-2?? I need to file tax for last year to prove that I legally worked.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

Ask your tax preparer, but your tax return can report employment income even if you don't have a W-2. Failure to withhold employment taxes or to send you a W-2 (or 1099) is your employer's fault, not yours.

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1 Answer | Asked in Tax Law for Florida on
Q: tax related question

we’re starting a company we’re gonna have about five trucks are going to need to gas every day we’re going to sign up for a special fuel card that makes us enter the mileage and the truck number I need to fuel. Do we need to have individual receipts when we file our taxes or do we need to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 11, 2022

If by using your fuel card the data is saved someplace you can access (a monthly statement, or a web site, for example) you probably don't need to keep your receipts. But just in case, ask whoever prepares your taxes.

2 Answers | Asked in Business Formation, Business Law, Contracts and Tax Law for Florida on
Q: Is there anyone that can help me with my business from the ground up?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 8, 2022

Yes, a Florida Business Attorney, you will want to speak with a Business Attorney, and they will be able to help you create your LLC, applicable Operating Agreement, register your business with the state, explain liability issues and keeping the business separate from yourself, filing for a more... Read more »

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2 Answers | Asked in Bankruptcy, Divorce, Real Estate Law and Tax Law for Florida on
Q: Can a house be sold at auction while it's currently in bankruptcy?

I'm currently going through a divorce and my husband never paid the taxes and put the house in his brother's name. I'm living in the house and paying the delinquent taxes of but taxes are due again and I can't pay them.

Timothy Denison
Timothy Denison
answered on Feb 5, 2022

Not unless the court has given permission for the sale.

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