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North Carolina Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Banking for North Carolina on
Q: My 2nd bank account was closed to fraud (Not on my end) I was scammed and someone tried to deposit bad checks

I wasn’t held liable because I received no money nor was in in the state where these checks were deposited. I currently have another bank and have been there for 8+ years

The bank account that was closed I opened during college because I thought the deal seemed fishy and didn’t want... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 6, 2020

If the bank did not find that you were involved in the fraud it should not affect a credit card application.

My response provides only general information and is not intended to provide you with specific legal advice, nor create an attorney-client relationship. You should not use or rely on...
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1 Answer | Asked in Tax Law for North Carolina on
Q: If there is back taxes of $20,000 owed but have not received income tax in 2 years

Can that be considered at least partially so If you made at least $7,000 in income tax?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jun 10, 2020

I am not sure what you are trying to ask. Clarify your question and hopefully someone will be able to answer your question.

3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

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2 Answers | Asked in Tax Law for North Carolina on
Q: Tax law... Married filing separately husband left home for 6 months made no contributions to home can he claim kids

He moved out the home, provided no financial support , moved back into the home, and is now living in the garage. We filed joint tax returns for 2018 he filed separately and claimed the kids because he made more money is that legal? Even though the kids and I never left the home and I provided all... Read more »

David Ostrove
David Ostrove answered on Apr 11, 2020

Whoever pays more than one half of the support may claim a child as a dependent.

Whoever proves that he/she provided more than 1/2 of the support of the child.

It's a matter of proof, by documents.

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1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: Mama and Daddy passed with no will the house is still in Mama's name. There are 3 grown children there are back taxes

What can we do

David Ostrove
David Ostrove answered on Feb 23, 2020

NO WILL, then typically all assets go to the children in equal shares.

All liabilities, including taxes must be paid FIRST. Then, the remaining assets go to the children. If there are any predeceased children, then typically their heirs at law take their shares. Every state is not exactly...
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1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: My company had my social security number wrong for a number of years. Do I need a lawyer to fix this?
D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 22, 2020

You are not required to hire an attorney to fix the problem but it would be a lot simpler.

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it legal for NC to tax me on income I earned in a different state . I lived and worked in different state.

I did contact both offices.

James Richard Yandle
James Richard Yandle answered on Nov 22, 2019

Your resident state will tax your nationwide/worldwide income. You can claim a tax credit for taxes paid to the other state (or country). You end up, in effect, paying the higher of the two rates. Be careful of the expiring statute of limitations on claiming the credits, or you will end up... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: I'm in 2 LLPs with income in WI. Both filed composite returns for investors. How to handle, since you can't be in two.

I'm a limited partner in two real estate partnerships that file composite returns for the investors.  I opted into the composite return, and then realized that I have income in WI from both partnerships (I'm a non-resident).  I don't think WI allows an individual to be included in... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 13, 2019

Put both k-1s on your individual return. Include all withholding.

1 Answer | Asked in Tax Law for North Carolina on
Q: GS 105-164.13(35) provides for exemptions for qualified non-profit organizations from paying sales tax on donated goods

Our organization has an annual Spring Sale and an annual Fall Sale. Are one or both of these annual sales exempt?

James Richard Yandle
James Richard Yandle answered on Sep 20, 2019

The statute reads "only upon an annual basis." A quick review does not reveal any NC cases or regulations interpreting the language further. I think you'd be going out on a limb applying an alternate interpretation to what a court would likely consider a 'plain meaning'... Read more »

1 Answer | Asked in Personal Injury, Tax Law, Banking and Civil Rights for North Carolina on
Q: Need ethical law firm that can process the evidence of dishonor against a bank for internal document fraud, Fudiary duty

I am involved as the victim of an identity theft operation called ghosting. My bank altered the tax ID # and my date of birth on the internal documents that are associated with my business accounts, overriding my social security number and date of birth with the identifiers belonging to somebody... Read more »

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

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. Accordingly,

this forum is not the place to seek free legal representation...
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2 Answers | Asked in Entertainment / Sports, Gaming and Tax Law for North Carolina on
Q: NC shot down a 2017 bill to legalize and tax Daily Fantasy Sports winnnings. Do i have to pay tax on winnings then?

I havent been able to get a clear answer on this. If DFS is not regulated and taxed in NC then i shouldn't have to pay state taxes on my yearly winnings right? Only Federal taxes. If so what is it taxed under and at what %

James Richard Yandle
James Richard Yandle answered on Jun 17, 2019

Wrong. The income is taxable, whether legal or not. Same as for income from embezzlement, illegal drug sales, or racketeering.

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1 Answer | Asked in Tax Law for North Carolina on
Q: When you transfer a UGMA account to a joint Tenants in Common account - are there any tax penalties for the joint owner?

Transferring a UGMA account to the now of-age beneficiary. We have the option of transferring to a joint Tenants in Common account with 80% ownership to the primary beneficiary and 20% to joint account holder (former custodian). Would there be any tax penalties or tax ramifications for the 20%... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

The person who set up the UGMA (grantor) and put money into the account--for the benefit of a minor--can withdraw any or all of the money at any time. If the account drew interest over the time it existed, the interest will be (or perhaps already has been) reported to the IRS as interest received... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: I live in North Carolina but I receive a Civil Servant pension from another state. Do I have to pay NC income taxes?

I keep reading different rules about civil pensions rules in North Carolina and wanted clarity.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

Call the state taxing authority or agency and ask for clarification.

2 Answers | Asked in Tax Law for North Carolina on
Q: I filed taxes on Feb 2nd of this year. Liberty tax did not file them right. So I am still having to wait on my return. I

The IRS said to expect my return between end of June to end of July. Is there any way to get legal help for having to wait so long due to negligence of Liberty tax?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 29, 2019

You can file a civil suit against liberty for their mistake, possibly fraud, or malpractice. It will depend on the facts and circumstances. I would suggest reading the service agreement they gave you because it most likely contains limitations on venue and mediation/arbitration clauses among other... Read more »

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1 Answer | Asked in Tax Law for North Carolina on
Q: For four years we have owner financed a house for sellers, and they are about to pay their loan to us in full.

Can we take those final loan proceeds from the sale of a house and pay off the mortgage on our current primary residence which we are about to make into a rental property?

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

Yes, once you receive the funds you can do whatever you want with them. It's not going to change the tax ramifications.

1 Answer | Asked in Real Estate Law and Tax Law for North Carolina on
Q: I'm wanting to purchase a family home the most inexpensive way without using bank financing.

My grandma wants 120k for her property (free and clear), which I just moved into. I'm also an investor that plans to update the home, possibly cash out refi, and rent it out after purchase. I'm wondering what options I have as far as purchasing. 120k is top of the market price... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

There is no difference between seller financing within a family and seller financing involving strangers. In either event, to protect yourself and your grandmother from possible trouble later, you and your grandmother should hire a lawyer to draw up all of the necessary papers to consummate the... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: Is it legal for NCDOR to send letter of tax garnishment satisfaction, then later send letters that money is still owed?

NCDOR sent a letter that the garnishment for taxes in 2008 and 2010 had been satisfied. Years later, they start sending letters stating that money is still owed for those years. When asked about this, the lady said that it was for an amount that was written off, but later added back on. Is this... Read more »

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

Sure; but before you do, be sure the NCDOR is talking about taxes for 2008 and 2010, and not some other year.

1 Answer | Asked in Tax Law for North Carolina on
Q: I got property tax on car when I used in Connecticut. From 2003 to 2018. Amount is over $6000.00. How to setie

I moved to NC in 2003.

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

This question is confusing as written. It appears you are saying you failed to pay Connecticut personal property tax on your car(s) for the past 15 years, then moved to North Carolina; and now that Connecticut has started dunning you for the taxes, you are asking lawyers how to settle? Is that... Read more »

1 Answer | Asked in Tax Law for North Carolina on
Q: Where Can I get Help with IRS Form 8886.Not sure if I have a reportable transaction. 5 CPA's and IRS could not help

I have received a K-1 (form 1065) as part of a tax package associated with my investment in iShare S&P Commodity-Index Trust. My financial advisor purchased 256 dollars of the EFT, and sold 2 shares at 16 dollars each. Those are all the actions related to the ETF from my transactions. The... Read more »

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

The reason you have been unable to get any free advice or help from the 5 CPAs and the IRS is probably because the amount of money involved is to small. Asking lawyers is a waste of time too. De minimus non curat lex.

1 Answer | Asked in Traffic Tickets and Tax Law for North Carolina on
Q: I have a friend who when he was younger got about 4 driving with a license 20 years ago can he get a license in NC now

he was driving with out a license and also got dwis (he never had a license) he said last time he went to court i think around 20 years he was told to do dwi assesments he did not finish ( his mom tells me he was told he would never get a license ,,he never had them ) but can he get them in nc... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 30, 2019

It is possible. From your description, he would need to fully comply with the requirements set forth in his DWI's then he would need to request a DMV hearing but their may be other things he needs to do as well.

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