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Georgia Tax Law Questions & Answers
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.

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: My mom died and left siblings property 28 years ago she gave my dad living estate rights till he died how do we get deed

Mom left will was probated dad living estate and he rented trailers to people on land olde sister or younger brother executors make decisions can my oldest sister just deed the property to siblings

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.

1 Answer | Asked in Probate and Tax Law for Georgia on
Q: I have a litigation question. Almost three decades ago, my father lost everything he owned and didn't own due to unknown

reasons to this day; including an inheritance worth millions of dollars. Therefore, he owed the IRS a numerous amount of money. He ended up in the hospital and was treated for a financial breakdown. Moving forward, a few years later, he and my brother (who was only 18 years old at the time) started... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Apr 27, 2021

I hope that my colleagues who practice probate law will also answer your question as probate law is not my practice area of law. That said, however, not much in your description of facts makes sense when even basic legal principles are applied. I am not sure how taxes are avoided simply because... Read more »

1 Answer | Asked in Child Custody, Gov & Administrative Law and Tax Law for Georgia on
Q: The December 2020 stimulus checks, Will the state of Georgia garnish those relief funds due to child support arrears?

If those funds are intended for the relief of the financial burdens of the American populus, incurred due to COVID-19. If the state plans to cannibalize those funds, How is this "help" going to due anymore than the last so called "help" for those who we're struggling Pre-COVID?

Regina Irene Edwards
Regina Irene Edwards answered on Dec 29, 2020

Yes, the state will take the funds and give them to the custodial parent for child support arrears. The state isn't cannibalizing the funds. The money is owed for child support that should have been paid previously, so that is where the money is going - to help the child.

1 Answer | Asked in Tax Law for Georgia on
Q: Do I have to pay federal or state tax on vaccine injury compensation? I was awarded some money in settlement from HHS.
Steven J. Fromm
Steven J. Fromm answered on Nov 18, 2020

Payments for personal injury are not taxable income. You must have a tax attorney look closely at the wording of the award to see if it meets this definition and case law on this particular recovery.

2 Answers | Asked in Tax Law and Wrongful Death for Georgia on
Q: Do I have to pay taxes on funds received from my mother's personal injury cases case. She died as a result.

The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.

Eric Steven Day
Eric Steven Day answered on Aug 17, 2020

If the settlement is for pain and suffering, then the payment of that settlement is non-taxable. The only issue you would have as far as taxability of the funds that were then distributed to you through the estate would be if the distribution exceeded the exemption amount on the gift tax of 11.5... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: My husband always take our tax return and don't give me any is there a way that I can get my part sent to me separately?

My husband is very controlling especially when it comes to money and he never share the income tax return

Eric Steven Day
Eric Steven Day answered on Jul 28, 2020

Typically, the best way to separate the refunds attributed to your income from his income is to file a Married Filing Separate tax return. However, this usually affects the amount of refund you get overall because you miss out on some credits and deductions that you would otherwise qualify for... Read more »

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Tax Law and Immigration Law for Georgia on
Q: Should I make an amend on tax returns if my husband is just currently waiting on an interview at Mexico consulate?

I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... Read more »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer:...
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2 Answers | Asked in Immigration Law and Tax Law for Georgia on
Q: Will tax returns that I filed as single but am married since 2017 affect my husbands green card process?

I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... Read more »

Adan Vega
Adan Vega answered on Apr 27, 2020

If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: Went through a third party to file his taxes. When we checked it said that his check had been deposited bank not showing

My husband went through loan company to do both our taxes. When we last checked on irs.gov Get my payment it states for me Payment status not available, my husband saying it has been deposit April 15 but the bank shows no deposit as been made. We called the loan company and said that the checks was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 22, 2020

Try going out to this new website to find answers to your questions.

Get My Payment | Internal Revenue Service

https://www.irs.gov/Coronavirus/Get-my-payment

7 days ago · Visit our Get My Payment Frequently Asked Questions page to answer your questions about using the...
Read more »

1 Answer | Asked in Tax Law for Georgia on
Q: A GA qualified disability earns all of its capital gains, dividends, and interest is earned in TX. Any tax due to GA?

Invest firm is based in Houston, TX. Trustee lives in Texas. Beneficiary lives in Georgia.

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 6, 2020

It depends on the income tax nexus created by the GA beneficiary under GA tax law.

The beneficiary likely has GA income if the disability is taxable.

I'd suggest retaining a tax attorney or CPA to review the situation and file accordingly.

1 Answer | Asked in Tax Law for Georgia on
Q: my husband owes back child support. If we file taxes jointly,will irs take our stimulus check? Or just his part?

Will the irs take all of our stimulus check for back time child support if we file jointly?

Homer P Jordan IV
Homer P Jordan IV answered on Apr 3, 2020

It has been in the news that if someone owes back child support they will not be able to receive the stimulus payment. I’m not sure how that is going to play out at that time. Filing jointly won’t likely impact it either way. Plus, the new tax date has been pushed back to July. -Homer P. Jordan... Read more »

4 Answers | Asked in Divorce, Federal Crimes and Tax Law for Georgia on
Q: Will i be in contempt of court if i claim my child on taxes even though irs says i get to

Irs rules and regulations states i get to claim him every year because i am custodial parent and he lives with me and irs states decree after 2009 cant be used my papers say dad claim every othet year but nothing about 8332 form irs requires him to have one signed by me i have not done so

David Ostrove
David Ostrove answered on Feb 24, 2020

If you provide over half of the child support and you have written proof of same, and you are the parent then you may claim on your income tax return, but, if you are audited you have to prove it. Save all checks, written receipts, and all other written evidence.;attach a statement to your return... Read more »

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1 Answer | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: If I live in GA but work on a cruise ship overseas 8 months of the year, can I claim part-year resident?
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

One option might be to look into the Q & A resources or online help resources of the IRS or Georgia Dept. of Revenue - they might be able to provide direction. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law and Tax Law for Georgia on
Q: I applied for citizenship based on 3 years. I received rfe for tax transcripts for me and my partner.

Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: I sold a house in Georgia for a loss. What is the tax implication? Do I have to file? I am not a resident of Georgia.

The house was my primary residence until I moved out of Georgia over 10 years ago. Unfortunately, the house fell into disrepair, so I sold it for a loss of about $30,000.

What are my tax implications? Do I even need to file in Georgia (given that it's a loss)? I'm only asking... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

No income on sale due to the loss, no deduction on loss since it's personal property.

You should file a non-resident return just in case the state has a copy of the 1099-S.

If they do and you don't file they'll send you a bill for tax on the gross sales proceeds.

Kind of a headache to fix.

2 Answers | Asked in Admiralty / Maritime and Tax Law for Georgia on
Q: I’m a resident of GA but work on a cruise ship full time (8 months of the year). Do I need to pay GA taxes?

They automatically take out federal taxes but since it’s office is based in Miami, they don’t take out any income tax.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 28, 2020

Yes, your resident state will tax all your income worldwide.

Obviously you can still take foreign exclusionary or credits as allowed, but you will need to file a GA return and calculate tax owed.

I would contact HR and find out why tax is not being taken out and sent to GA....
Read more »

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1 Answer | Asked in Tax Law for Georgia on
Q: See my question below.

I want to start a contract vending business in Dalton, GA using bulk vending machines. I don't know if I'm legally obligated to collect salestax on the products the machine dispenses, or hto collect the tax in the event I am obligated to.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 4, 2020

Yes you have to remit sales tax unless another exemption applies. There's no exemption for products sold via a vending machine.

You apply the tax to the gross sakes.

1 Answer | Asked in Tax Law for Georgia on
Q: How do I get a court order for an interpleader for excess tax funds so the funds can be released

only a court order from an interpleader action filed in the county where the tax sale occurred, by the claimant for the funds, shall serve as justification for release of the funds.

D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 1, 2019

You need to file an interpleader action in the county and prosecute the case.

Sounds like it's time to hire a professional.

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