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Florida Tax Law Questions & Answers
2 Answers | Asked in Tax Law and Business Formation for Florida on
Q: Hello I live in Pinellas County Florida. I'm looking into starting my on business.

I would like my personal taxes and my business taxes to be seperate. Which entity would I create my business as?

James L. Arrasmith
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answered on Mar 8, 2024

If you're aiming to keep your personal and business taxes separate in Pinellas County, Florida, considering the structure of your business entity is crucial. For your goals, forming a corporation (either a C Corporation or an S Corporation) or a Limited Liability Company (LLC) could be... View More

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1 Answer | Asked in Tax Law for Florida on
Q: I'm trying to understand the Florida property tax portability law.

My assessed value is $138,187 and the market value is $420,000 leaving a difference of $281,813. My understanding is that I can reduce the assessed value of the new home for property tax purposes by $281,813. Is that correct? If I am a Florida resident moving from one home in Florida to another is... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, your understanding of Florida's portability law for property taxes is generally correct. Here are some key details:

- Florida allows portability of the difference between a homestead property's market value and assessed value when a Florida resident moves from one Florida...
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1 Answer | Asked in Tax Law for Florida on
Q: Can the father of my children control the tax refund money without my right?

I am a stay at home mom and i do not work just so that is known. Recently we just got seperated but he claimed me and our children on the taxes but now that we are not together he wants to control the money and choose how much money he wants to send me. I want half of what the check brings or at... View More

James L. Arrasmith
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answered on Feb 22, 2024

As a stay-at-home mom who is not currently working, you may have concerns about your rights regarding the tax refund money claimed by your children's father. While it's understandable that you want to ensure fair treatment and financial support for yourself and your children, the issue of... View More

2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: U.S. citizen filing jointly with spouse but my wife doesn't have an SSN at the moment, will that be acceptable?

My spouse does not currently possess a SSN. However, she has been residing in the U.S. since June 2023, and we began living together upon our marriage from in September of the same year. Due to her lack of an SSN, I encountered difficulties when attempting to file electronically.

As a... View More

Carmela Graciela Walrond
Carmela Graciela Walrond
answered on Feb 13, 2024

You can apply for an ITIN for your spouse by filing out a W-7 application. It is best to work with a professional when filing out the W-7 application. If the form is not prepared correctly, you can be rejected and will have to start the process over again. Please do not send your wife's... View More

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2 Answers | Asked in Immigration Law and Tax Law for Florida on
Q: U.S. citizen filing jointly with spouse but my wife doesn't have an SSN at the moment, will that be acceptable?

My spouse does not currently possess a SSN. However, she has been residing in the U.S. since June 2023, and we began living together upon our marriage from in September of the same year. Due to her lack of an SSN, I encountered difficulties when attempting to file electronically.

As a... View More

James L. Arrasmith
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answered on Feb 22, 2024

In situations where your spouse does not have a Social Security Number (SSN) and is in the process of adjusting status to obtain a green card, it is indeed appropriate to apply for an Individual Taxpayer Identification Number (ITIN) for her by filing Form W-7 with the IRS. The ITIN serves as a tax... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: can someone ask for federal tax returns in interogatories in a residential florida property tax case where i am trying

to reduce my just property value? if so how do i object? thank you

James L. Arrasmith
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answered on Feb 5, 2024

In a residential property tax dispute in Florida, the opposing party might request various documents during discovery, including federal tax returns, to understand your financial situation or the property's income-generating potential. However, tax returns are considered private and sensitive... View More

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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 5, 2024

There is no 14 day rule to respond to motions.

Judges are not required to have hearings on matters in which they see no reason to have a hearing; this is especially true on discovery matters when the responding party doesn't object to the discovery within the 30 days and doesn't...
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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

Jane Kim
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answered on Feb 5, 2024

There is a 15-day rule to respond, some motions are excluded, and it is flexible.

Litigation is complex, I am sure you knew that.

Judges also have their own standing orders on how they treat different types of motions, what is required for their submission, etc. Some Judges take...
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3 Answers | Asked in Consumer Law, Real Estate Law and Tax Law for Florida on
Q: where can I find collier county florida local court rules. i had a lawyer by pass a hearing by emailing the judge

directly. the judge ruled in favor of their motion to compel discovery before i could even respond. i thought all florida courts allowed for 14 days to repond?

James L. Arrasmith
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answered on Feb 22, 2024

To find the local court rules for Collier County, Florida, you can start by visiting the official website of the Collier County Clerk of the Circuit Court and Comptroller. Many court websites provide access to local rules, forms, and other relevant information for navigating the legal process in... View More

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Municipal Law and Civil Litigation for Florida on
Q: how many days do i have to answer a motion to compel discovery or any other motions? is there a statute or rule?

in florida collier county civil?

James L. Arrasmith
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answered on Feb 4, 2024

In Florida, the time you have to respond to a motion to compel discovery or other motions generally depends on the specific rules of the court in which the motion was filed. However, as a general guideline, you typically have 20 days to respond to a motion in Florida's state courts. This... View More

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2 Answers | Asked in Tax Law for Florida on
Q: We have $31,000 debt cancelled from credit cards, do we have to file it all as income and pay taxes on it in 2023.
James L. Arrasmith
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answered on Feb 4, 2024

If you had $31,000 of credit card debt cancelled, generally, this cancelled debt is considered taxable income by the IRS and must be reported on your tax return for the year in which the cancellation occurred. Creditors typically issue a Form 1099-C, Cancellation of Debt, which details the amount... View More

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1 Answer | Asked in Tax Law for Florida on
Q: If I just have a 1095 with no dependents or W-2s how do I file the 1095
James L. Arrasmith
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answered on Jan 28, 2024

If you have received a 1095 form but do not have any other tax documents like a W-2 or dependents, filing your taxes with just the 1095 is fairly straightforward:

1. Identify which type of 1095 form you have - there's the 1095-A for health insurance through the Marketplace, 1095-B for...
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1 Answer | Asked in Tax Law for Florida on
Q: Can I claim 1099c (received for 2023 taxes) as main home since it was main home in 2014 and amount is from 2014?

In 2014 my ex-husband and I had a mobile home (that was in both names) repossessed off of property that we jointly owned. Just received 1/21/2024 a 1099c for the amount of the mobile home to be filed for 2023 taxes. This was our main home at the time, before divorce, and repossession in... View More

James L. Arrasmith
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answered on Jan 23, 2024

Yes, you can still treat the 1099-C debt cancellation for the mobile home in 2014 as exempt from tax under the main home exclusion, even though it is just now being reported on a 2023 1099-C. Here is why:

1) The 1099-C relates to cancellation of debt that occurred in 2014, which is when the...
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2 Answers | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: I have a florida partnership llc for Etsy which makes 2-3k a year. I never drew a salary. Do I need to pay any taxes?

The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?

William T. Harmon
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answered on Jan 14, 2024

If the partnership has reported income( falls within the Income definition within IRC), it should be reported on the annual 1065 partnership return. Based on the partnership income/expense allocation agreement, that amount will be reported on an individual K1, which will then be reported on your... View More

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2 Answers | Asked in Tax Law, Business Formation and Business Law for Florida on
Q: I have a florida partnership llc for Etsy which makes 2-3k a year. I never drew a salary. Do I need to pay any taxes?

The money is saved in llc checking account and never used unless it’s for business expense like buying materials. Both me and my husband don’t draw salary. Do we still need to file any tax forms or pay taxes on it?

James L. Arrasmith
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answered on Jan 15, 2024

Yes, even though you don't draw a salary from your Florida partnership LLC for your Etsy business, you still need to file taxes for the business income and expenses.

As a partnership, the LLC itself does not pay taxes. Instead, the LLC's profits and losses "pass through"...
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2 Answers | Asked in Bankruptcy and Tax Law for Florida on
Q: What are the rules for filing a tax return after ch. 7 bankruptcy has been discharged?

My ch. 7 was discharged in January of 2024 and I’ve never been indebted to the IRS. I am an unemployed disabled veteran and I had no income for year 2023. I just found out that, despite being unemployed, veterans in my situation may file a tax return in order to potentially receive some portion... View More

James L. Arrasmith
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answered on Jan 13, 2024

Since your Chapter 7 bankruptcy was discharged in January 2024, you are no longer under the jurisdiction of the bankruptcy court, and your financial situation is separate from the bankruptcy proceedings. Filing a tax return, even if you had no income in 2023, is generally a responsible and... View More

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1 Answer | Asked in Bankruptcy and Tax Law for Florida on
Q: My ch 7 bankruptcy was discharged. Can my ex-husband include our sons in his tax return to claim the Child Tax Credit?

My ch 7 bankruptcy in Florida was discharged in January 2024. I have never been indebted to the IRS and neither has my ex-husband. My ex-husband has never filed for bankruptcy and we had no debt in common upon my ch. 7 filing; it did not affect him in any way. I am unemployed and a disabled... View More

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answered on Jan 12, 2024

Your Chapter 7 bankruptcy discharge in Florida should not impact your ex-husband's ability to claim your sons for the Child Tax Credit on his tax return. Bankruptcy proceedings typically address your debts and assets, not child-related tax benefits that may be claimed by your ex-spouse.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: How can the states claim authority to assess ad valorem taxes based on federal reserve notes? USC Title 31 section 742

USC Title 31 section 742 states “Except as otherwise provided by law all stocks, bonds treasury notes and other obligations of the United States Government shall be exempt from the state, local, and municipal authority. This exemption extends to every form of taxation that would require that... View More

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answered on Jan 3, 2024

The authority of states and municipalities to levy ad valorem taxes, which are based on the value of property, is not directly related to the provisions you mentioned in USC Title 31 Section 742 or Title 12 Section 411. These sections refer to the tax-exempt status of obligations of the U.S.... View More

1 Answer | Asked in Real Estate Law and Tax Law for Florida on
Q: does anyone consult on a florida residential property tax dispute?
James L. Arrasmith
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answered on Dec 25, 2023

In Florida, if you're facing a dispute over residential property taxes, there are professionals who can provide assistance. Typically, real estate attorneys or tax attorneys with experience in property tax law can offer guidance and representation in such disputes.

You can also seek...
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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I bought a home in Florida for my mom, I want to add her to the deed so her save our homes exemption is applied, can I?

This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More

Jacqueline Alicia Salcines
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answered on Dec 2, 2023

What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More

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