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Indiana Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Indiana on
Q: married filed jointly and did not receive stimulus check. Husband owes back child support how do I get my stimulus payme

How to get stimulus payment? I listed myself as homemaker and didn’t file injured spouse claim. I don’t think it’s fair that me and my kids don’t get anything is there something I could do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 23, 2020

There's not enough information here to determine a course of action. I would suggest hiring a local CPA or Tax Attorney to assist you.

1 Answer | Asked in Child Support and Tax Law for Indiana on
Q: If a 2019 tax refund was offset and paid deliquent child support in full, are they eligible for this stimulus check?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2020

There are only two requirements for anyone to receive the stimulus check: Filing an income tax return for 2018 or 2019 (2019 tax returns can be filed anytime, but--because of the pandemic--they are not due until August of September, 2020); and still be alive and breathing.

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Can i claim myself & my 6 month old on taxes this year if:

- Father & i never married

- Father doesnt get a return dur to back-taxes & debts

- Father does not pay child support

- He can claim head of household from Oct 2019 - Feb 2019 for myself & our son

- Before we separated, I txted him that he could claim... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 1, 2020

For IRS purposes whichever parent provided more than half of the support for the child is the custodial parent and is entitled to claim the child.

To transfer that right to the other parent requires a Form 8332. A verbal promise is not enforceable.

Based on the information...
Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: I owe $4 on my state tax return. Am I required to pay it? Heard if it was under $10 you don't have to.
David Ostrove
David Ostrove answered on Mar 4, 2020

In my opinion, it would be best to pay it, so your account shows that you are all paid up with your state.

1 Answer | Asked in Tax Law for Indiana on
Q: A tax preparer is refusing to give me a copy of last years joint return after I divorced, can she legally refuse?

It was my last joint return after a divorce filed through a preparer in Indianapolis, IN. The preparer has claimed that for "privacy reasons" she can't give me a copy, though she did give my ex a copy. I did pay half the fees for the prep but paid them directly to my ex. This is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 4, 2020

If you filed a joint return with your ex husband you are entitled to a copy of the joint return. However, if you intend to give your copy to another tax preparer, then your ex husband will have to consent to the release of HIS confidential information.

1 Answer | Asked in Tax Law for Indiana on
Q: Is it legal for my husband to withhold our joint filed taxes from me?

He has refused to let me have any of the $750 rapid refund we were approved for. He then took every bit of the remaining funds off of the card. Due to his abusive alcoholism we are not staying together as of 2/13/20.

Andrew M Steiger
Andrew M Steiger answered on Feb 15, 2020

Did you report any income on the joint return that contributed to the refund? If so, you may be entitled to injured spouse relief.

1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: Is there a way to waive the 10% fee for early withdrawal of a 401k due to personal injury resulting in job loss?

My husband was involved in a rear end collision that caused damage to his spine. He will soon lose his physically demanding job due to his injury. We need to withdraw from his 401k - would this situation exempt us from paying the 10% penalty for early withdrawal? Thank you!

Tim Akpinar
Tim Akpinar answered on Feb 5, 2020

A tax attorney or officer at your bank should be able to advise you on the tax aspects of such a withdrawal. But the more important question here is why you and your husband are contemplating the withdrawal. If your husband is represented by an attorney in this accident, it's possible that... Read more »

1 Answer | Asked in Tax Law and Child Support for Indiana on
Q: who can claim a child for taxes?

my ex has not seen our child in 4+ year and has not carried insurance on her for 2+ years..i also have not had an address or phone for him for 3+ years..can he still claim her on his taxes..he is currently current his child support

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2020

You're dealing with two separate sets of laws in two completely separate jurisdictions both state domestic law and federal tax law.

What does the parenting plan say? If there's a state order that he's in compliance with that allows him to take the child deductions then not...
Read more »

1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Indiana on
Q: What are the rules for the foster parents adding my kids on their taxes

DCS is saying that to foster parents are allowed to clean my kids on their taxes but I don't think that is right but they won't tell me the rules on why they can my kids were only in DCS care for maybe 5 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 31, 2019

If a government agency has placed the children with a family then that qualifies for the relationship test required to claim the child as a dependent.

Assuming the other factors are in line they would be allowed to claim the child.

This is very common in foster situations.

1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: If I am 1% partner in a business, how would it impact my taxes or other financial profile

Actually my cousin in Canada wants to register a business in US so that he could provide consulting services in US. He needs me to be the 1% partner so he could register a business in US since I am a resident and soon would be a citizen. I am doing MBA at Kelley School of Business and a have hefty... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

It depends on the corporate structure and jurisdiction. It'll also depend on your other income. You'll most likely have additional reporting requirements personally. You're best off finding a tax expert to advise you on this.

2 Answers | Asked in Tax Law for Indiana on
Q: Am I able to refile taxes as single once they have been filed as joint return?

My wife and I separated in October of 2017, neither of us had the money to file for a divorce at the time. We still lived together until May of 2018 before I was able to move out. I then moved out and lived on my own, then in late September of 2018 she because homeless and I let her move in with me... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 7, 2019

"I was recently informed that I did not legally have to do that since we were not together."

That's not correct.

You have to be divorced or legally separated, not just living separate, to file any way other than Married Joint or Married Separate....
Read more »

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1 Answer | Asked in Tax Law for Indiana on
Q: Is it legal to be offset by the government with no notice?

We finally received our refund (after waiting since April) and it was significantly lower than we expected. When I called the Treasury to find out why, I was told we were offset. After playing tag with BFS and the Treasury, I was told that notices were sent out months ago but I never received... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 31, 2019

Yes.

You can try to challenge it but odds are exceedingly low you'll see that money. Once they put the letter in the mail to the last known address they've fulfilled their obligation.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... Read more »

1 Answer | Asked in Tax Law for Indiana on
Q: Internet Sales Tax - Effective 01 July 2019 ebay claims that the exemption for coins was repealed and that the INDOR di

rective that sales tax may NOT be charged on shipping when USPS is used is no longer in effect. Also that US Postage for mailing is now a taxable sale. I can't find that the new application of sales tax repealed those three exemptions.

Indiana Code 6-2.5-5-47

Coins, bullion,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

If you are having trouble finding a law in Indiana that was changed effective July 1 your difficulty may be the result of the state not having enough time to change the code section affected. Call you local legislator in Indiana (not your Congressman) and ask them for help; they will probably point... Read more »

1 Answer | Asked in Banking, Business Law, Tax Law and International Law for Indiana on
Q: I am looking to create a company that facilitates peer-to-peer payments with the use of credit and debit cards.

For this I have created an app:

If user is going to send money using the app, they input their credit card, STRIPE charges the credit card and the money goes to my business bank account in the US. When this happens, the app shows a balance in the user’s APP account.

When a user... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2019

What you have described is a financial services company that operates exactly like a bank. Translation: Before you spend your money developing your "new" banking business you need to know that you are required to obtain a bank charter or some other official authorization from the state... Read more »

1 Answer | Asked in Employment Law and Tax Law for Indiana on
Q: a few days ago I applied for an ein I entered a dba on the form. That I havent registered yet. I am disabled and have

never worked. After more thought I have decided not to pursue the venture. Wondering what to do

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

Nothing--unless you are worried that the IRS might follow up with questions about the DBA.

1 Answer | Asked in Tax Law for Indiana on
Q: Moved to IN in June '18. Our state taxes are 2x what the calculator says they should be. Is this because we relocated?

We're using TurboTax. My wife had $800 withheld on $25000 income for six months. The calculator says she should owe $780, around what she withheld, but TurboTax says she owes another $1100! Does Indiana tax her income from the other state she lived in? Thanks in advance for the help!... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Not sure what kind of "calculator" you are using to figure income taxes due, but before running around in more circles try doing the simple math: If your wife earned $25,000 in 2018 and if her employer only withheld $800, that tax rate calculates out to 3.2%--which should raise your... Read more »

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Q: Will I lose my tax return??? Filed chapter 7

I filed chapter 7 last month and last week filed taxes. I do expect a decent tax return due to having kids. Debt was mostly medical Bill's. I was getting grief from a lawyer for one of my non medical Bill's debt (was a gym) and do have a student loan from a school closed due to school... Read more »

Stuart Nachbar
Stuart Nachbar answered on Feb 14, 2019

The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

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1 Answer | Asked in Tax Law for Indiana on
Q: Can my fiance claim my kids and me on taxes?

My children and I have lived with my fiance the entire year. My children have visitation with their dad every other weekend and rotating holidays. To be a qualifying relative, the child must live with him all days of the year. Since they go to their dads for visitation, does that mean they dont... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Jan 2, 2019

If your fiance intends to claim them for the Earned Income Tax Credit or the Child tax Credit, he will be unable to do so because there is a relationship test. The child will fail the relationship test which requires the child to be his own child, a stepchild, or a foster child placed with you by a... Read more »

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