Lawyers, Answer Questions  & Get Points Log In
Florida Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Florida on
Q: If I quitclaim an investment property (house) to a friend, do I avoid paying capital gains and recapture taxes on it?

Does the capital gain and recapture taxes transfer to the new owner?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

No, you pay taxes on your capital gain when you dispose of it, even if you give it away. The new owner's basis would be zero, assuming that by "quitclaim … to a friend", you mean that the friend gets it for free.

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My mother is refusing to show me her will or to give me a copy of her will tho she has gave it to her other children .

After finding his out I wAnt to go to probate court Too see if I can contest the will how can one do that if I can’t see the will . Please advise

Seril L Grossfeld
Seril L Grossfeld answered on Aug 3, 2020

If your mother is still alive what her will says is not relevant since it is only effective once she passes away and between now and then she can change it as often as she likes. You cannot contest her will while she is still alive. Your mother can express her final wishes in her will without... Read more »

1 Answer | Asked in Employment Law, Tax Law, Business Formation and Business Law for Florida on
Q: Opening an online store with stickers/prints/shirts. Will be making less than 100K a year. What permits do I need in FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2020

You do not need to ask this question; you need to ask how to find a small business lawyer-before your small business flames out.

1 Answer | Asked in Tax Law for Florida on
Q: I have a nice gain on 10 option contracts I purchased on open market (not related to employee programs or work)

that expire soon. The total holding time will be about 6 months. For discussion sake, i say I bought the options for 1 penny a share and are now worth $100/sh) . If I exercise the options I will make $1000. If I donate 1 unexercised option to a DAF I have set up they will accept a call option) and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2020

You need to see a stock broker not a lawyer.

1 Answer | Asked in Tax Law for Florida on
Q: My sister & I inherited a house. If I buy her out and then quickly sell, do I pay capital gains on the full sell price?

Or, do I still get to only pay capital gains on the sell price above what the house was worth at the time of my father's death?

I am concerned that, because buying her out constitutes a sale, I will lose the inheritance exemption.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

You would have to pay capital gain tax on the difference between what you pay her for her undivided half interest, and the amount you receive when you sell the half interest you buy from her. But no, you don't loose the exemption on your half interest in the property which half interest you... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: My husband has a tax lien attached to his ss#. Can we sell and move without the irs taking the owed money

Can the lien just follow him to the new house .

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 7, 2020

Once the IRS attaches someone's Social Security Account for non-payment of back taxes, the lien will remain attached to the SS Account until the amount of back taxes owed--plus all assessed late penalties and interest owed--is repaid in full. Moving will not change anything.

1 Answer | Asked in Tax Law for Florida on
Q: Will I be able to get my husbands tax lien off my house when we divorce
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

I believe that, should you get the house in the divorce, the decree should provide that he pay off the lien.

1 Answer | Asked in Tax Law for Florida on
Q: Social Security Tax Fraud?

This makes no sense but let's say someone is 64 and trying to help their future social security. They have a failing business and process payroll for themselves every week. They pay all taxes like they are earning income, but they never cash their pay checks. They are process payroll... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

You are correct: It makes no sense.

Individuals cannot increase the amount of their annual or monthly Social Security benefits by creating imaginary payroll checks and not cashing them--unless they pay the payroll taxes associated with each bogus check. The Social Security Administration...
Read more »

2 Answers | Asked in Tax Law, Business Law and International Law for Florida on
Q: My US based company received a payment from a french corporation. The owner of the french corporation is asking a refund

on his personal account which looks like laundering money thing. What is the international law that forbids me to proceed in the repayment of the french corporation into the owner's personal account? Thanks in advance for your prompt answer.

David Luther Woodward
David Luther Woodward answered on Jun 15, 2020

I can think of no "international law" that prohibits you from refunding as directed; however, state and federal statutes against money laundering might well be triggered if this is this person's "modus operandi". Has he requested this method more than once? A pattern is... Read more »

View More Answers

1 Answer | Asked in Tax Law for Florida on
Q: Can NY or NJ sales tax dept garnish an account holding death benefit proceeds ?

I live in FL

Account is in another state

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

The law of that other state, not the law of Florida, would apply. But if the law there is anything like the law here, they might garnish the account and then the owner would have to prove the source of the funds and that such funds were exempt from execution.

2 Answers | Asked in Tax Law for Florida on
Q: What should I do with the IRS if I claimed a dependent that I wasn’t supposed to

I claimed my mother on my taxes by accident what should I do

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 2, 2020

Amend your tax return.

View More Answers

3 Answers | Asked in Business Formation, Business Law and Tax Law for Florida on
Q: Filing taxes for a new LLC in Florida

Dear Professionals,

I registered my LLC with the state of Florida last October, but I have not been able to start running my business properly.

My company status is showing Active and I would like to prevent the status from changing into Inactive.

Given that I have not... Read more »

Evelyn Suero
Evelyn Suero answered on May 9, 2020

In order to maintain an "active status" with the Florida Department of State, an annual report must be filed each year for your business entity. More info is available on Sunbiz.org.

View More Answers

2 Answers | Asked in Tax Law and Gov & Administrative Law for Florida on
Q: Do I qualify for the coronavirus-related distributions?

Live in South Florida, fell ill in March with a sore throat, low grade fever, etc.... but didn't meet the criteria to be tested. You had to be hospitalized or 65 or older at that time. I am 55. I self quarantined like the task forced asked us to do. I had just started to work for Instacart... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2020

For starters, I can tell you that if you and your deceased husband filed a joint income tax return for calendar year 2018 or 2019 you each are entitled to receive $1,200. And since your husband was alive when the stimulus legislation was enacted (mid-January), you can keep the $1,200 earmarked for... Read more »

View More Answers

2 Answers | Asked in Real Estate Law, Estate Planning and Tax Law for Florida on
Q: I have a quitclaim deed written as joint tenants with full rights of survivorship. Does the mortgage transfer? (Florida)

I live in Land O Lakes, FL. My mother passed away in November. We have lived in the same house together since the house was built in 1998. We have a quitclaim deed written as joint tenants with full rights of survivorship.

I have continued to pay the mortgage, on time, but recently... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on May 3, 2020

No, the mortgage does not transfer.

View More Answers

3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 2, 2020

This is not a legal question. It is an accounting question that you should ask of your CPA.

View More Answers

2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2020

No, Father will receive an additional $500.

View More Answers

1 Answer | Asked in Tax Law for Florida on
Q: My question revolves around my RMD Fidelity erroneously removed my 2019 RMD after 12/31/2019 What to do for 2020?

CARES Act says I may defer my 2020 RMD until 2021

My 2019 RMD will appear in 2020

Can I apply my 2019 RMD to 2020 and defer my 2020 RMD to 2021?

In deferring my 2020 RMD to 2021, do I have to take my 2020 RMD and 2021 RMD in 2021 or is there a full year moritorium on my 2020... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

For this level of specificity you're going to need to retain counsel.

1 Answer | Asked in Tax Law for Florida on
Q: Can I gift an asset from my late wife's estate to her son without him incurring a tax liability?

My wife recently died making me her Personal Representative. Her son inherited a business from his father which included a mortgage owed to his mother. I would like to forgive or gift the mortgage to my step son. However, his accountant says that if I do my stepson will owe taxes on the amount.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2020

There may be a way to avoid causing your step-son to owe income tax on the house. You need to contact an experienced banking lawyer who has helped many others probate small estates that involve tax questions; there are not a lot of us in Florida; but you can use the Find a Lawyer to locate a few... Read more »

1 Answer | Asked in Tax Law for Florida on
Q: As the Personal Representative of my late wife's Will I would like to forgive a mortgage/note held by her son's company

The mortgage/note was between my late wife and her son's company. It was originally between her ex-husband's company and her as part of a divorce settlement. Her son inherited the company upon his father's death. Can I bequeath the balance without her son incurring any tax... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 17, 2020

You seem to be confused about a few things. If you are named as a personal representative in her will, it doesn't mean a thing until you file a probate petition with the court. Thus, if you thought you would avoid probate by executing wills, you were mistaken.

If your late wife...
Read more »

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.