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Indiana Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Indiana on
Q: Tax lien sale Indiana, a property sells to bidder. Can the owner sell property during 1 year redemption period?

I am the buyer of tax lien certificate. Can original owner sell the property during one year redemption period? And pay taxes at closing.

James L. Arrasmith
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answered on Sep 14, 2023

In Indiana, the property owner generally has a one-year redemption period during which they can pay the delinquent taxes and associated costs to reclaim their property. During this period, the owner typically retains the right to sell the property, but any sale would need to address the outstanding... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Indiana on
Q: Can volunteer bartenders working on behalf of a 501c3 accept tips from customers?

I work as a bar manager (as a paid employee) for a nonprofit 501c3 organization that hosts a theatre festival every summer. During the festival we have a handful of volunteer bartenders. We have run into an issue where the jars put out in the past have always been claimed by the organization as... View More

Matthew Morris
Matthew Morris
answered on Jul 3, 2023

You have an interesting question, and a full answer would require looking at individualized details of your organization and the people who are both working and volunteering for it. But here are some things that you might consider.

As you point out, the general rule is that tips left for an...
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1 Answer | Asked in Divorce and Tax Law for Indiana on
Q: my 20 year old son lives at my house full time, can I claim him on my taxes? What if is his mother also claims him?

when my ex-wife and I got divorced many years ago, we had joint custody and alternated years claiming him on our taxes. Now that he is older, he never stays at her house. I ask her if I could claim him again this year because he always stays and she says no. What happens if I claim him and... View More

James L. Arrasmith
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answered on Mar 4, 2023

If your son lives with you full time and you provide over half of his support, you may be able to claim him as a dependent on your tax return. However, if your ex-wife also claims him, the IRS will likely flag the returns and investigate the situation.

If you and your ex-wife cannot come to...
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1 Answer | Asked in Family Law, Tax Law, Civil Rights and Federal Crimes for Indiana on
Q: What's first step to prove that someone has power of attorney over me

I'm in fear for my life

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

If you are wondering about the IRS, you can look online for third party authorizations on your IRS online portal or you can call and directly speak to a rep. via 1-800-829-1040.

1 Answer | Asked in Bankruptcy and Tax Law for Indiana on
Q: I just got my tax refund. I live in Indiana and am currently in bankruptcy. I spent some of the money.

I didn't show my trustee first. Will I be in trouble

Timothy Denison
Timothy Denison
answered on Feb 19, 2022

You should consult your bankruptcy attorney regarding the Indiana protocol for handling tax refunds

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
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Michael Ray Smith
answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
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1 Answer | Asked in Tax Law for Indiana on
Q: Who claims child for 2021 tax season?

Divorce final in May 2021. Decree states that the petitioner can claim in 2021 and odd years. Respondent can claim in 2022 and even years. My ex husband is fighting me on this even though I’ve tried explaining that I claim this year.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jan 22, 2022

The tax year is the year the taxes are due for and not the year they are filed in. So if the mother is awarded the odd years then they would be 2021, 2023, 2025 etc. In other words in 2022 you file for 2021 which is an odd year. You may have to get the lawyers or courts involved again if there... View More

1 Answer | Asked in Tax Law for Indiana on
Q: My daughters ex boyfriend claimed their son on his taxes AFTER she told him she was going to.Her taxes were denied.

She agreed to him doing this in 2019,her taxes got denied while his got accepted.Her son lives full time with her.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Feb 24, 2021

She needs to file a paper return with a letter stating that the child lives with her full time. The IRS will usually investigate and ask each parent to prove who had primary custody.

1 Answer | Asked in Tax Law for Indiana on
Q: How can we go about finding a tax attorney that can help with personal business property tax overpayment not refunded?

We tried to recover by filing an amendment, however the county claims the dealine had passed.

Steven J. Fromm
Steven J. Fromm
answered on Nov 19, 2020

Generally, time deadlines for tax assessment appeals are hard deadlines. So if you have missed this deadline you probably cannot contest an assessment for that closed year. However, you could contest for the next year. Finally, I am not a Indiana attorney, so to be sure of your rights to contest... View More

1 Answer | Asked in Tax Law for Indiana on
Q: Do I owe taxes to the IRS for a personal injury settlement?

I received a settlement in 2017 for a personal injury suit. In June of this year the IRS advised that I owe tax on this. I never received a 1099 for the settlement. The IRS stated I need to go through a tax attorney. I have very limited income at this time and not sure how to proceed.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Aug 24, 2020

Try contacting a low income taxpayer clinic (LITC). Here is the link to find one in your area

https://taxpayeradvocate.irs.gov/about/litc

If you cannot find a LITC to take your case then you may have to hire an attorney. Most of us work anywhere in the country and offer a free...
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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... View 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...
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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
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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... View 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... View 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...
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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... View 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.

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