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New York Tax Law Questions & Answers
1 Answer | Asked in Criminal Law and Tax Law for New York on
Q: I was charged with having untaxed ciggarets i need help in Madison county but don't want an appointed one
Luigi Vigliotti
Luigi Vigliotti answered on Jan 9, 2021

You should do an internet search of attorneys in the Madison county area that handle your particular type of legal situation. In addition, you can contact the local bar association and ask for a list of criminal practitioners. Finally, the local assigned counsel panel may provide a list of... Read more »

1 Answer | Asked in Tax Law for New York on
Q: What's the best business structure to export vehicle from the US?

Export used vehicles to South America.

Tim Akpinar
Tim Akpinar answered on Dec 14, 2020

You could repost and add the categories Business Formation and Business Law. There's no guarantee all posts are answered, but your question remains open for a week and it's possible it might have better chances of being seen in those additional categories. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law and Business Law for New York on
Q: Possible for a single person S-Corp to be paid via 1099 and file schedule c ?

What about for NY State? Any issue being paid via 1099 not on payroll for single person small scorp?

John Kiritsis
John Kiritsis answered on Nov 28, 2020

In short, the answer is probably yes. It would likely go through the IRS (especially if paper filed). However, at some point it would likely trigger an error/rejection type of message and/or an outright audit. S Corps file Form 1120S, which issues form K-1S. One of the great advantages of an S... Read more »

1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
John Kiritsis answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... Read more »

1 Answer | Asked in Gov & Administrative Law, International Law and Tax Law for New York on
Q: I am an international PhD student in the States. I want to simultaneously obtain a PhD in my home country.

My presence in my home country is not needed, I can work with my advisor remotely. My US advisor knows my home country advisor; they work on very close problems, they are both okay with this scenario. Can I legally do it, from the point of view of the US laws? I receive a scholarship in the States... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 16, 2020

If a visa of any type is involved, you may want to additionally repost in the Immigration Law section - it's possible the insight of an immigration attorney could be valuable, and possibly more relevant than the other categories, depending on circumstances. Good luck

Tim Akpinar

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Am I eligible for fee waiver on N400 Naturalization Applicaiton?

My AGI on my tax return is $31,258 on my 2019 tax return for a family of 4. I believe this falls under the $39,300 poverty guideline for my family size.

I work for a church and receive a housing allowance of the same amount which is not taxable and therefore not included in my AGI.... Read more »

Kyndra Mulder
Kyndra Mulder answered on Sep 11, 2020

Probably not. You need to disclose the housing allowance on the application for a waiver.

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1 Answer | Asked in Estate Planning and Tax Law for New York on
Q: I have a hearing about a trust matter in Watkins Glen in October. I am a low-income senior, who is a 1/3 beneficiary.

I live in California. I would like to know if you could provide me with legal services?

Tim Akpinar
Tim Akpinar answered on Aug 31, 2020

You might have better chances of finding an attorney if you start reaching out to them instead of continuing to wait. Your post remains open for a week, and the format here is more question and answer board than attorney referral service. You could use the Find-a-Lawyer tab above to locate Estate... Read more »

1 Answer | Asked in Tax Law for New York on
Q: Husband files taxes for us jointly and will not give me access to tax returns or bank statements, how can I get them?
Linda Simmons Campbell
Linda Simmons Campbell answered on Aug 18, 2020

You can request copies from the IRS. You can may even be able to obtain online through the "get your tax record" link on the irs.gov homepage.

If you have a joint bank account then the bank will print out the statements for you.

1 Answer | Asked in Tax Law for New York on
Q: My accountant never filed my 2018/19 taxes, did not return my paperwork, and is ghosting me. I am owed ~$20k. Now what?

He also opened an S corp for me and my husband, and did not return that paperwork, so I don't know if it is legit or how to proceed as a business.

I have the forms to file a fraud report about him.

I could not apply for unemployment, the cares act, stimulus, or any healthcare... Read more »

John Kiritsis
John Kiritsis answered on Aug 15, 2020

Generally, tax preparers are supposed to provide a copy of their work, upon client demand. There may be a few exceptions, such as unpaid tax professional fees and/or subject to complying per court order/injuction.

In the U.S., the motto of everyone can sue everyone over anything is...
Read more »

3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: Selling sister's condo, profit of $65K, she is a missionary in Peru how can she avoid taxes until return in few years?

Hi. My sister has been a missionary in Peru for four years, and plans to do this for several more years. I am in the process of helping her sell her Condo in NYC. She will have a net equity profit of approximately $65,000 at sale, she does want to use this to buy her next home when she returns... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 15, 2020

If the property has been her primary residence and she has not changed residency then the property would qualify for the personal residence exemption and the first $250k in gain would be exempt.

There needs to be an analysis of her residency status. Just because she's out of the...
Read more »

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2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Wife and I file jointly but wife used her itin which made us ineligible for stimulus money she received ssn toda

Can we do anything to still get stimulus even though we already received the tax return

Drew Elesh
Drew Elesh answered on May 15, 2020

Amend your tax return and file it with IRS

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2 Answers | Asked in Tax Law for New York on
Q: i am a college student and was doing my taxes online, had a few general questions

Hi there,

im filing from New york

So basically the past year i worked off the books for ca heap wage off campus on a resturant, and so have no W-2 and thats why manually plugging the numbers

my important question is I was scammed a year ago of $3000 and thats why i had to... Read more »

George E. Patsis
George E. Patsis answered on May 4, 2020

According to the IRS, when a debt is canceled, forgiven or discharged, the canceled amount is part of your gross income and you must pay taxes on that income unless you qualify for an exclusion or exception. Creditors who forgive $600 or more of debt for you are required to file Form 1099-C with... Read more »

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2 Answers | Asked in Tax Law for New York on
Q: Can an owner of a small no income S corp, who does not receive a paycheck, get UI from other W-2 full time employer?

If an S Corp has been non-profitable, and officer had to work full time as employee with W-2 at same time for companies in Manhattan since they were on payroll, would they get UI?

Seems way things are worded on DOL, that if you are an officer of a corporation, you are still considered... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Your S-corp won't stop you form being eligible under a different employer so long as you don't have income.

You also are not eligible for UI form an S-corp if you had not W2 wages. An S-corp distribution is not SE or IC income for UI or PPP purposes. You have to have paid...
Read more »

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2 Answers | Asked in Divorce, Estate Planning, Probate and Tax Law for New York on
Q: My father passed away last year and he is married to his wife who iam not in great terms with because of her infidelity.

Can I file his taxes or should I leave it alone? Is it legal for me to do it since he is married. He never gave consent for any specific individual to file taxes as we were in the process of doing so while he was diagnosed with cancer. Rapid divorce was not as rapid as his diagnosis unfortunately... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 20, 2020

Only his estate representative can file his taxes. The wife is due the first $50,000 of his estate unless he had a will, so unless the refund is more and there are other assets, there is no need to do it.

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3 Answers | Asked in Banking, Contracts, Mergers & Acquisitions and Tax Law for New York on
Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?

He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?

Michael David Siegel
Michael David Siegel answered on Apr 16, 2020

Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for New York on
Q: Im I eligible for Stimulus Check if I'm a US Citizen & file taxes with my husband who is a nonresident alien but has SSN

I filed 2018 and 2019 taxes with my spouse and we currently make less than $150,000

Robert Roy Klein
Robert Roy Klein answered on Apr 16, 2020

Not sure your question, but you should be eligible. For your husband, it depends on whether he remained in the US for over 183 days. Along with the SSN, he'll be considered a resident alien for tax purposes. If so, he'll be eligible as well.

1 Answer | Asked in Tax Law for New York on
Q: Do I need to be concerned about rules similar to Golden Parachute for LLCs?

I know that entities like LLCs, partnerships, and tax-exempt organizations aren't subject to the golden parachute payment rules.

However, if one was selling their LLC and was to give a member or independent contractor a percentage of the sale proceeds, would it just be taxed as... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 7, 2020

Consult with an accountant and attorney.

In general any payments or distributions are counted as regular income payments.

To avoid or defer taxes you may need to establish other mechanisms in place at your company.

May not be worth if the amount in discussion is not big enough.

1 Answer | Asked in Tax Law for New York on
Q: Under the covid stimulus package, will I be able to receive 2017 and 2018 tax refunds that would otherwise be garnished?

According to the covid stimulus package, those who are in default of their student loans will not have their tax refund garnished. My question is: Does this apply to only 2019 tax refunds, or will it also apply to 2017 and 2018 refunds? I am entitled to refunds for the past three years and never... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

The stimulus does not involve tax year 2019--because 2019 tax returns are not even due until July 15, 2020. Moreover, If you have never filed tax returns for tax years 2018 or 2017 you will probably not receive any stimulus check.

1 Answer | Asked in Tax Law for New York on
Q: If I receive publicly-traded stock in lieu of cash for services rendered, how is that taxed?

I assume that I would have to pay short-term capital gains taxes based on the immediate market value, then if I immediately sold it, would I then pay capital gains taxes again based on the original owner's cost basis? Thank you in advance for your insights.

David Ostrove
David Ostrove answered on Mar 25, 2020

If you received it for services rendered. The value of the Stock is ordinary income to you. And, the value is, therefore, your tax basis. If you sell it at a gain, the difference between your selling price and the value when you received it for services rendered is your capital gain; short term or... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: Sale of note, then sale of collateral, then forgiveness of debt confusion.

When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.

If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.

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