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Florida Tax Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Libel & Slander, Real Estate Law and Tax Law for Florida on
Q: Can I do a counter claim against the personal rep over a Estate ?

My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.

1 Answer | Asked in Tax Law for Florida on
Q: I moved from NC to FL & work/live in FL but haven't changed my drivers license. Will I have to pay NC state income tax?

I recently moved from NC to FL and will be living and working in FL for the next 3+ years while my husband is in school but don't want to change my license and car as we plan to move back to NC at the end of his school. I will not be working or living in NC during this time but I am afraid I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2023

Florida doesn't have income tax. So, the question remaining is whether you still have to pay income tax to North Carolina. Probably not, but to be sure you should ask this question in Justia > Ask a Lawyer > North Carolina > Tax Law.

1 Answer | Asked in Tax Law and Business Law for Florida on
Q: Is it safe to give Stripe your Social security Number? Do I have to Pay taxes if I make no revenue?

Is it safe to give Stripe your Social security Number? In order for me to create an account with Stripe, I need to give it the last four digits of my ssn.

Back story I'm a minor wanting to start a business in Florida where you pick up dog poop from peoples' yards. I created a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2023

Florida doesn't have income taxes. The U.S. government does. I suggest you go to irs.gov, download a form 1040, and the instructions for that form. After reviewing those documents, you should have a better idea of how income tax works.

And no, if you make no money at all, you...
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1 Answer | Asked in Business Formation, Tax Law and Business Law for Florida on
Q: I have a LLC in Florida for a service I provide. Do I need licenses to provide that service outside of Florida?

I am a yacht teak deck installation specialist. I have an LLC in Florida for this service. This is a service only and does not involve the selling or reselling of anything. Usually I am sub contracted by other teak decking companies. I have some contract work along the West Coast lined up in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 9, 2023

You would have to check those other jurisdictions.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: Hi, if it takes up 8 weeks for my LLC to be processed by the state of florida do I have to wait until then to operate?
Keith Kanouse
Keith Kanouse
answered on Jan 5, 2023

My experience with filing Articles of Organization via e-fax is it becoming effective the next business day. I have never had to wait 8 weeks. When you file the Articles of Organization specify an effective date 5 business days before the filing date. See Section 605.0702 of the Florida Statutes.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: Is it illegal for the Lawyer that closed on my house to just keep the past due tax money and did not pay the taxes.

This lawyer collected over 7 hundred dollars of tax money from both myself and the seller at the closing 15 July 2022 and as of 28 Nov. 2022 he still has not given the tax money to the Pinellas County government. Both my realtor and myself have tried for the past month to get him to pay the 2021... Read more »

James Clifton
PREMIUM
James Clifton
answered on Nov 30, 2022

If you believe the lawyer is mishandling funds entrusted to him, contact the Florida Bar Association. It is helpful to have written documentation of your requests to the attorney to turn over the funds as well as any responses from the attorney.

1 Answer | Asked in Immigration Law and Tax Law for Florida on
Q: I was unemployed for the year 2021. How do I file a late tax return for 2021? How does this correlate with i864?
Kevin L Dixler
Kevin L Dixler
answered on Nov 20, 2022

If you lacked earnings, then the USCIS may take an average of the annual income. However, if the petitioner remains unemployed during 2022, then the Service has been known to require a joint sponsor in some situations.

If this matter is an issue, then you ought to consider hiring an...
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1 Answer | Asked in Tax Law for Florida on
Q: Hello my name is Larry I live in Florida. Do you have to pay taxes on a inheritance.

We was left an inheritance an just wanted to know do we have to pay taxes on it in the state of Florida The inheritance came from my uncle who lived I PA.

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

There is an estate tax that is applicable. See Florida Statute 198.03. But the estate pays the tax, not the heir.

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: My son is the remainderman on my deed has no authority until myself & wife pass. Will he get the step up basis @ passing

Hi, I have a question I have a quitclaim deed that says my property address and the names of myself and my wife hereby remise, release and forever quitclaims all interest (100%) to myself and my wife.

Then it says Life estate without liability for waste, and with full power and authority... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 13, 2022

The remainderman probably is vested now, just not in possession. If so, then his basis should have been computed at the execution of the Deed. It would have been a small percentage of the value computed in accordance with the Treasury Regulations. Contact a competent FL attorney to determine... Read more »

2 Answers | Asked in Contracts, Tax Law, Business Law and Intellectual Property for Florida on
Q: We created a computer program that buys and sells Forex. We'd like to make sure we're legally following procedures.

We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.

Jane Kim
Jane Kim PRO label
answered on Oct 31, 2022

You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: real estate and money/transaction

Hi, so i have a bit of a longer story i purchased some property in florida and i opened a td account so i can do the transaction it was about a $130,000 and i had did a cash deposit for $45,000 after the transaction. I was told since i bought it under my personal name, I would have to pay tax. I... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2022

You would be well served to stop in place, and retain an experienced real estate attorney before you do anything else.

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 PRO label
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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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 PRO label
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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