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Louisiana Tax Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Louisiana on
Q: My grandfather passed away in 2015 and I'm just finding out their estate was left to me then finding out it was sold

Twice with out my knowledge

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 18, 2020

Hire a Successions attorney quickly.

1 Answer | Asked in Child Custody, Child Support and Tax Law for Louisiana on
Q: If judgements don’t say anything about claiming kids for taxes can I claim them every year she is in arrears on support?

Have joint custody with me as custodial parent. Also have a child support judgement. She is in arrears do I have to let her claim a kid for tax purposes? Her child support is only been paid once by her taxes and once by stimulus check. Never by her or her job.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2020

Claim both kids and hire a child support lawyer to file for a wage garnishment.

1 Answer | Asked in Tax Law for Louisiana on
Q: My father has filled out and filed for the stimulus check and I'm a dependent. Can he keep the $500 from me?
Zaher Fallahi
Zaher Fallahi answered on Apr 25, 2020

He gets $500 only if you are under 17 years of age. This question may indicate that you are not, right? Stay safe.

Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

1 Answer | Asked in Tax Law for Louisiana on
Q: Can family inheritance (land) be seized for for federal student loan debt? My tax returns get seized.
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 21, 2020

Once the property transfers from the estate to you it's just like any other property you own. Land can be liened and auctioned to pay debts. It's not usual to do it for student loans but they can. It's also heavily dependent on state law. If you receive a notice of foreclosure, or... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: In 2019, I got a refund check for tax year 2004. A year later, I was told it was an error and need to repay.

On January 31, 2019, we were issued a refund check of $1644.81 from the state of Louisiana. Hesitant, I held on to it until it was almost void. A year later, I received a letter stating that refund was issued in error and we have 45 days to pay it back. Am I responsible for their error?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 7, 2020

Unfortunately you do have to return the funds if they were issued by mistake. If they are also trying to assess penalties and/or interest I would push back on that hard. Also, verify it's really the state tax authority and not a scammer. The taxpayer always ends up paying for the governments... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: How long does the Louisiana department of revenue have to collect back taxes?

We did file and we owed for 2008, 2010 and 2011. However we also owed the IRS for this years and we were dealing with getting a resolution with the IRS. We have not received anything from Louisiana Department of Revenue for all these years, until this week we received a notice that our drivers... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 8, 2019

The answer to this type of question generally depends on whether you filed a tax return. If you did not file a return, the statute of limitations on collections generally does not begin and there is no time limit, although the state department of revenue may have guidelines to how many years back... Read more »

1 Answer | Asked in Tax Law for Louisiana on
Q: Bought new mobile home in 2000 I'm disabled couldn't read well and they didn't charge me taxes now I'm trying to donate

And they say I owe taxes on it 19 years worth

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 7, 2019

Although it will be very difficult for you to explain how you managed to buy a mobile home 19 years ago and never--even once--heard about the annual property taxes that everyone else in the mobile home park has been paying for 19 years, I still think it is worth a shot. Perhaps the taxing... Read more »

1 Answer | Asked in Tax Law and Gaming for Louisiana on
Q: Can I ask for pet supply donations in exchange for a chance to win a gift card?

The donations will be collected by a business but will be donated to 501c3 organizations.

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

Many states regulate people and companies that try to conduct their own raffles or other similar activities. Better ask someone who can tell you if you are moving in the wrong direction.

1 Answer | Asked in Child Custody, Child Support, Family Law and Tax Law for Louisiana on
Q: If I was rewarded sole custody in sep.2018,bc of physical abuse to me&1 of my2 children,do can I claim kids on taxes?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 10, 2019

If you have sole custody you can file for dependency deduction.

1 Answer | Asked in Tax Law for Louisiana on
Q: What are my rights to get half the tax money recieved by my husband? We lived together all year and have 4 kids he claim

He was the only income last year, we lived together all year and are legally married. He filed the taxes while in prison & is refusing to give me any info or money. What are my rights as his wife to get my half of the money? Why doesnt he have to file married filing jointly? Is it legal for him... Read more »

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

This very unfair situation is only one of many that go along with being married.

There is no law or rule requiring your spouse to file jointly; and even if you and your spouse did file jointly, there is no law or rule requiring him (or you) to split any refund.

1 Answer | Asked in Tax Law for Louisiana on
Q: How do I File taxes when I live in texas and my wife lives in louisiana where I come home to on the weekends

I want to change my address to texas. How would I file my federal and state taxes taking Louisiana residency laws in consideration

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 22, 2019

Put your TX address on your Federal return.

Get a TX driver's license.

Intend to reside in TX indefinitely.

For any LA source income you would need to file a non-resident return.

You'll have to file a part year resident return for the year you move away...
Read more »

1 Answer | Asked in Car Accidents and Tax Law for Louisiana on
Q: I received $100,000 car accident.34000 to attorney36000 hospital15000 to mom 15000 to me. Owe fed state tax
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 21, 2018

Why is your Mom receiving $15,000? You don't give enough information to answer your question.

1 Answer | Asked in Tax Law for Louisiana on
Q: If I sell a condo for a $40,000.00 loss, how much of that can I write off on my taxes & over what time span?

This condo is in Baton Rouge, LA. My residency is in Houma, LA

Jon Dowat
Jon Dowat answered on Oct 5, 2018

The amount of the "write off" depends on the nature of the Condo. Was the Condo you personal residence or was it an investment property.

If it was a personal residence you will not be able to claim the loss. If it was an investment property you will have generated an ordinary...
Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?
Christie Tournet
Christie Tournet answered on May 21, 2018

No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about... Read more »

1 Answer | Asked in Immigration Law and Tax Law for Louisiana on
Q: Israeli on a longterm visa in the US, how are taxes calculated?

My friend is self employed, and in fact pays -me-, we're trying to get him immigrated here since most of the team is US based. He pays himself 3k a month from our crowdsourced funds. Can anybody explain whether or not he'd be paying israeli taxes if he was living here for the duration of... Read more »

Carl Shusterman
Carl Shusterman answered on May 20, 2018

I suggest that you see a CPA. Good luck!

1 Answer | Asked in Tax Law and Social Security for Louisiana on
Q: In 2015 my son was on S/S through my retirement. On 12/10/2015 he turned 18 and was enrolled in high school 12th grade.

They sent me a letter asking if he was still in school his benefits would be paid up to his graduation date. Which I did and they did. After graduation my son went to work. Imagine that. Now the good part. SSA wants him to pay the three months of S/S he received in 2016 cause he went to work and... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on May 9, 2018

The SSA allows you to ask for them to forgive an overpayment IF (1) the overpayment is not your fault and (2) making you reimburse the overpayment would create a financial hardship. They are generally fair at granting this relief from my experience. Your son needs to contact the office listed on... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Louisiana on
Q: My uncle passed away without a will. AllNieces and nephews except one who cannot be found agreed to give home and

Property to his brother my father. That was 5 years ago. The house is just sitting there. Is there anything we can do without finding the one person?

Christie Tournet
Christie Tournet answered on Apr 30, 2018

Yes. There are a lot of other factors at play, however. Was the Uncle married? If not, did the Uncle have only separate property? No children? If the uncle's siblings are the only heirs, they may be able to take the property via succession - depends upon solvency of the estate, but a... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Louisiana on
Q: Can probation and parole garish my federal and state income taxes for fees im behind on?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 29, 2018

Ever heard of of probation and parole being able to garnish and don't know of any statute allowing it.

1 Answer | Asked in Criminal Law and Tax Law for Louisiana on
Q: Can Probation and Parole garnish my State and Federal taxes if i have overdue fines and fees to them??

I was placed on probation but ran for almost 3 years but then turned myself in so do I still have to pay the fines and fees since I am now doing my time in prision??

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 26, 2018

Your fines are part of your sentence so yes they are still due.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Louisiana on
Q: Can a co owner who had exclusive use of the property stop paying the taxes on it let it sell in tax deed sale

E

Ben F Meek III
Ben F Meek III answered on Feb 19, 2017

As co-owner you are jointly responsible for the taxes. Your agreement with your co-owner is not something the taxing authorities are a party to and they don't care about it. They can look to either of you or both of you to pay the taxes. And if you don't, they can attach and sell the... Read more »

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