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Georgia Tax Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Giving half ownership to in-law. They are living in half of house we are in the other half. We want some additional term

We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.

Anthony M. Avery
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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Land Use & Zoning for Georgia on
Q: Do you have a certain amount of time to buy back or reimburse someone after they bought property

At auction due to a death and the property to be considered unclaimed

Jennifer Pierce
Jennifer Pierce
answered on May 9, 2023

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: Mother is 92, assisted living, signed life estate deed, Can we sell prop while she lives for her benefit?

Deed was signed against my desire. Brother and I are remaindermen. we have 3 other siblings. so i want to divide the remainder 5 ways, not 2.but first use for mothers care. Next, we will have to sort thru tax consequences.

James Clifton
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James Clifton
answered on Apr 12, 2023

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: I have both a W2 & 1099 from same employer. What kind of deductions can I take on the 1099?

I'm a physician & my W2 is for 40hr/wk. My 1099 is for weekends, depositions, medical narratives, misc.

James L. Arrasmith
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answered on Mar 4, 2023

As an independent contractor receiving a 1099, you may be able to deduct certain expenses related to your work from your income. These deductions can help lower your tax liability and reduce your taxable income.

Some common deductions that may be available to independent contractors...
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1 Answer | Asked in Tax Law for Georgia on
Q: I reside & work in Georgia but also have a home in Tampa Florida. How can I obtain homestead exemption for my Fl home?
James L. Arrasmith
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answered on Mar 4, 2023

To obtain homestead exemption for your Florida home, you will need to meet the following requirements:

You must be a permanent resident of Florida, meaning that you live in the state for at least 183 days per year.

You must own the property as your primary residence, meaning that it...
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1 Answer | Asked in Tax Law for Georgia on
Q: What happens if my ex claims my child on their taxes when they haven't supported him all year?
James L. Arrasmith
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answered on Mar 4, 2023

If your ex claims your child on their taxes when they haven't supported him all year, they may be committing tax fraud. The IRS has rules about who can claim a child as a dependent for tax purposes, and the primary requirement is that the person claiming the child must have provided more than... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: If a person owes personal State or Federal Income taxes in Georgia can there LLC Business checking acct be garnished?

Can the IRS or Ga Dept Revenue garnish LLC Business checking account for personal tax debt owed?

James L. Arrasmith
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answered on Mar 4, 2023

If a person owes personal state or federal income taxes in Georgia, their LLC's business checking account may be subject to garnishment or levy by the Georgia Department of Revenue or the IRS, depending on the circumstances.

Generally, the LLC's bank account can be subject to levy...
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2 Answers | Asked in Tax Law for Georgia on
Q: Recently divorced and owe back taxes. I earn small wage but ex makes 10x my salary.

We filed jointly, I’m afraid I’ll lose my house. I can’t see details of any agreements/payments made to IRS on IRS.gov… what are my options ?

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 14, 2022

You should have the IRS mirror your account. This will still hold you jointly liable however your account will be view as individual rather than with your ex spouse. Then you can get into a payment plan based off what you can afford.

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2 Answers | Asked in Tax Law for Georgia on
Q: Recently divorced and owe back taxes. I earn small wage but ex makes 10x my salary.

We filed jointly, I’m afraid I’ll lose my house. I can’t see details of any agreements/payments made to IRS on IRS.gov… what are my options ?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 14, 2022

You can set up a payment arrangement based on what you can pay but if you are unable to pay the amount due in full, that will not protect your home. You should speak with a tax attorney. Most of us do not charge a consultation fee. This way you can find out if there are any other options... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: Can I file 2021 taxes married, but separated if I am separated now?

My husband and I are divorcing. He never filed 2021 taxes. I went ahead and filed those taxes 2 weeks ago. I filed married but separate. My lawyer is not able to give me tax information. I don't know how to proceed. My husband is facing possible criminal prosecution. I separated from him 2... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are married you are able to file married, filing separate unless otherwise ordered by the court

1 Answer | Asked in Tax Law for Georgia on
Q: 1099 Form

I have a question about the tax,

I recently just started working with this company but this company did not ask for my SSN number or address or driver license nothing, all they have is my name

they are paying me with check and they told me to report tax with 1099 form but this... Read more »

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 20, 2022

Not having a 1099 does not mean you can skip reporting the income made. As you likely are aware this is considered self-employment work (if you've made $600 or more) and should be tracked/ reported accordingly. You can do so by filing out a schedule C. Here you will be able to account for the... Read more »

1 Answer | Asked in Tax Law and Business Law for Georgia on
Q: Video Editing for Clients in Another State | Tax Question

I currently have a Georgia LLC doing video editing and will be moving to Michigan in a couple of months. Since I will be doing the work in Michigan I assume I would register there, but do I have to register as a foreign entity in Georgia? Will I end up paying tax to both states? How does that work?... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Sep 30, 2022

If you begin conducting business in Michigan and don't do do anything else with the company, you will need to register in Michigan as a foreign entity since it is a Georgia entity (regardless of where you reside). Assuming you will not be moving back to Georgia soon, it makes sense to just... Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: My wife is an employee at a preschool & received a Georgia DECAL supplemental payment for early learning professionals..

This was reported on a 1099-MISC, causing TurboTax to make her a small business owner. She is an employee of the pre-school, not an independent contractor. How do we report this income without starting a non-existent business?

N'kia (NLN)
N'kia (NLN)
answered on Apr 13, 2023

There are different types of 1099s, which are used to report various different types of payments. Although independent contractors typically receive 1099s, receiving a 1099 doesn't automatically make a person an independent contractor. Your wife should consider speaking with a knowledgeable... Read more »

1 Answer | Asked in Business Law and Tax Law for Georgia on
Q: This is a business tax law question for the state of Georgia.

I just received my first Business Personal Property Tax Return. I am a sole proprietor in my first year of business. My tangible personal property pertaining to my business is worth about $3000. Am I still required by law to submit the Business Personal Property Tax Return?

Glenn M. Lyon
Glenn M. Lyon
answered on Apr 13, 2022

Yes.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Georgia on
Q: Is it correct that my fitness franchise that I am opening in GA will have sales & use tax?

Business is a franchise I have purchased from franchisor. Products are: monthly memberships for personal training service, the occasional apparel sale, beverage sales (bottled water, etc.), and nutritional supplements (sold online). I will have personal trainers who are my employees. I'm... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Jan 5, 2022

Yes, for both the services and products.

1 Answer | Asked in Landlord - Tenant and Tax Law for Georgia on
Q: I am in a rent-to-own in Georgia and my landlord has asked me to pay property taxes. How should I handle this?

We are 6 months into the rent-to-own contract and property taxes is not something that was previously mentioned as our responsibility. Additionally, we were only told about it needingnto be paid 4 days before the taxes are due in our respective county.

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2021

If it is not in the lease, you don't have to pay.

The best way to shut the conversation down is to ask the landlord where in the lease it requires you to pay taxes.

If he can't point to it, tell him, then you don't have to pay it.

1 Answer | Asked in Tax Law for Georgia on
Q: Will the IRS try to collect on a payroll tax debt owed by my husband if I sell the house he and I co-own?

He lost the business many years ago and now is dying from dementia. The IRS has stopped filing liens against him.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Sep 9, 2021

If it has been more than 10 years since the taxes were assessed and he did not do anything to toll (stop) the statute of limitations from running, the debt should be gone. You can go to your town hall and see if there are any tax liens that still have time left on them or, if you have power of... Read more »

1 Answer | Asked in Family Law, Tax Law and Civil Rights for Georgia on
Q: Can my wife be held accountable to pay medical for my kid if I'm unemployed

I'm unemployed, my wife works. Can my wife be charged for benefits that a child received from my prior relationship? We're not under any child support order nor do we have any parental rights to the child. Is it legal for the State of Georgia to put a garnishment on my wife's income?

Homer P Jordan IV
Homer P Jordan IV
answered on Aug 30, 2021

You are still married? Are you going through a divorce? We need more information regarding the situation in order to be able to provide you with guidance.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: When did this situation start I bought property last year and as a buyer I didn't get anything like this.
Michael D. Birchmore
Michael D. Birchmore
answered on Jul 21, 2021

Your question makes no sense. Try again and provide actual information regarding your situation.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My dad passed had a living estate for land mom left to me in will how do I get deed now

Oldest sister or younger brother states in the will are executors can one of them do it

Michael D. Birchmore
Michael D. Birchmore
answered on Jun 7, 2021

It may be as simple as that ---- or not. To be sure of what is needed, meet with a local probate attorney to make sure you get it done right.

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