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Ohio Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Child Support for Ohio on
Q: Will I get my stimulis check if I owe child support to the state of Kentucky
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 30, 2020

No, it will be intercepted and sent to KY.

1 Answer | Asked in Tax Law for Ohio on
Q: What is said in the new stimulus package about offsets. Or is this a tax refund

Just thought the stimulus package was to help feed our family and keep bills paid

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 18, 2020

The only intercepts will be for child support. No offset for past due taxes. It is an advance of a 2020 tax credit and it'll be calculated on the 2020 return. If you got too much good for you you don't have to pay it back of offset your 2020 taxes. If you didn't receive enough... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Tax Law for Ohio on
Q: I have sole Custody of my 6 children. Ex has limited visitation due to DV.

Per our divorce order he is able to claim 3 kids for taxes. What happens to the kids stimulus checks? They solely live with me and I provide all support.

Amy Turos
Amy Turos answered on Apr 14, 2020

This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he... Read more »

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1 Answer | Asked in Tax Law for Ohio on
Q: What year of income is considered when applying for the Homestead Tax Reduction?

In 2020, I applied for the Homestead Reduction to my property taxes based on 2019 value of my home. I am 67 and earned only Social Security benefits in 2019. My County auditor says they go back to 2018 income. This makes no sense to me. Is it correct? I understand that I pay 2019 taxes in... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

Homestead law is a property law issue, not an income tax issue. The property laws of Ohio control. You need the opinion of an Ohio Lawyer.

1 Answer | Asked in Tax Law for Ohio on
Q: My order states ex wife and I alternate tax years with me claiming in odd number years. Does this mean I claim for 2019?

I also heard her lawyer say this would be my year and my ex wife claimed our child anyway. I thought claiming in odd number years for tax purposes would mean that I claim 2019 being it’s an odd number year. If that’s the case what do I do? I don’t want to get her in trouble and I have tried... Read more »

David Ostrove
David Ostrove answered on Mar 5, 2020

YES 2019 is an odd year.

3 Answers | Asked in Tax Law for Ohio on
Q: What is the case name for 18 US 111
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 27, 2020

That's a statute. 18 USC 111.

https://www.law.cornell.edu/uscode/text/18/111

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2 Answers | Asked in Tax Law for Ohio on
Q: Is not paying taxes a crime?

Local income tax return was filled a year ago. I have tried to get in touch with the local tax office but then referred to another tax agency. I sent a letter stating I would agree to payment arrangements.

No response.

Got certified letter stating criminal charges for not paying.... Read more »

J. Timothy Bender
J. Timothy Bender answered on Feb 26, 2020

Many jurisdictions have criminal penalties for non-payment of income taxes. The federal statute is 26 USC Section 7202. A criminal penalty is generally sought when the taxpayer has been ignoring letters and/or bills or is spending money without regard to his or her tax liability.

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2 Answers | Asked in Tax Law for Ohio on
Q: Can a police agency being charges for local income tax?

Filed in Ohio with a regional income tax agency for year 2014.

We were starting payment arrangements on the back taxes.

We were unaware we need them.

The tax agency says they notified the city where the taxes were filed for sometime ago.

The city tax agency... Read more »

J. Timothy Bender
J. Timothy Bender answered on Feb 25, 2020

A charge of a misdemeanor

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1 Answer | Asked in Tax Law for Ohio on
Q: Can IRS still come after me for owning tax for year 2007 or is there statue of limitation? Thank you

My ex lie to that he took care of our tax we own but he file bankruptcy so IRS was coming after me. It is tax for year of 2007. Can they still keep going after me or is there statue of limitation?

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 5, 2020

There is a 10 year statue of limitations (SOL) on collection. If the taxes were filed late then the SOL may not have passed yet. When your ex-husband filed for bankruptcy that stopped the SOL from running. The SOL stops running until the bankruptcy is discharged plus six months. Without seeing a... Read more »

1 Answer | Asked in Tax Law for Ohio on
Q: Had shared custody of two kids. Ex gave up custody this past Oct. He doesn't have half the time, pays child support.

He wants to still claim one child on his taxes because it is in our agreement. Can he legally do that still?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 27, 2020

Under IRS rules you have to fill out and sign a form to allow him to deduct the child. This is because the IRS defines you as the custodial parent.

However, you also have a court order that says he gets to claim the child.

So if you don't send over the form and you deduct the...
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1 Answer | Asked in Tax Law and Child Custody for Ohio on
Q: I was divorced in 2009 in ohio. I'm my decree it states I claim my 3 minor children each and every year even though she

Is residential parent. She has claimed them every year. My question is even though I owe back support is she legally allowed to claim them or shall I claim them and her receive my return? Is she in contempt? The IRS audited me for claiming my children. Is there a statue for this and what is it?

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

If you're not current on support she can claim them. The IRS rules and your domestic orders will not be the same.

If you come current and she still refuses to sign the proper documents to allow you to claim the dependents. Your relief is to file a contempt action in domestic court....
Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

1 Answer | Asked in Tax Law and White Collar Crime for Ohio on
Q: As an 18 year old can I dropout of high school as a dependent on my father's tax papers without him landing in jail?

As I stated i'm 18 and he claimed me as a dependent, if I would dropout of high school can that land him in jail? I just want to make sure he isn't doing anything wrong if I would choose to drop out. He said he can be charged with a federal crime for Tax Fraud and I want to make sure that... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 3, 2019

The ability to claim you as a dependent is not related to whether you're in high school. The question is did he provide over one half of your support.

1 Answer | Asked in Tax Law for Ohio on
Q: Recently terminated have 41k in a 401k, will probably need the money to live on while I look for a new job. taxes?

understand that 20% will be with held at time of distribution. They said there may also be another 10% liability at tax time but they can't say for sure. How does that work?

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 26, 2019

Funds distributed from a retirement account before age 59 1/2 are subject to an early withdrawal penalty of 10%.

There are exceptions but none apply to basic living expenses.

1 Answer | Asked in Tax Law for Ohio on
Q: Local tax problems. How to find out how much I really owe?

I've been paying local tax for 2016. I paid for 6 months @$138 a month. I received a certified letter that I owe more than the original amount. They're suing me in court. The original amount was $1700. In just 3 months it's over $2600!

I missed one payment and tried... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 6, 2019

You'll want to request your transcripts. Those will show where you were assessed tax, interest, penalties, etc...

I would suggest hiring a professional as this stuff is complex and difficult to navigate.

Best of luck.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: I'm married and we are buying our first home in Summit county, Ohio...

I have 7k premarital debt from an unpaid medical bill that's been transferred to the attorney general's office. They try to offset my husband's state taxes every year but can't because it's premarital debt.

Only his name is on the mortgage.

Can I be put on... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 15, 2019

Your name can be put on the deed as an owner, but then the state can put a lien on your interest in the home. Use the Find a Lawyer tab to consult a local estate planning attorney who can review the financial situation of you and your spouse. The attorney can then assist with preparing wills,... Read more »

1 Answer | Asked in Tax Law for Ohio on
Q: How would working in both Japan and America affect your taxes?

Say someone had a full-time job that they could work remotely that was based in America and then a part-time job that they worked based in Japan while they are living in Japan. Would that person be taxed in America for their income and then in Japan for income earned there?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 3, 2019

Pretty much.

You can exclude a certain amount of foreign earned income from your US return if you meet eligibility requirements. There are special rules if your employer provides housing. The rules are different if you are self employed. There are also FBAR and FATCA issues to possibly...
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2 Answers | Asked in Tax Law for Ohio on
Q: My fiancé hasn’t filed taxes in ten years. Will filing married filing separately raise any red flags for him with IRS
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 6, 2019

If the two of you get married and if you file your tax return married filing jointly the IRS may or may not look to see if your spouse ever filed. There was a time when the chances of that happening were remote--compared to today. With the advent of high-tech data systems now being used everywhere,... Read more »

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1 Answer | Asked in Tax Law for Ohio on
Q: Is it correct that I and my spouse who are on F1 and F2 visa, filled our 2018 federal tax return as joint on form 1040?

I am studying phd at case western reserve university, ohio. I and my husband who are from Iran , have F1 and F2 visa respectively. last year my husband received ITIN. we filled our recent federal tax return as joint. my income was 23100.00 and 2500.00 federal tax withheld. we used standard... Read more »

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

This question involves too many very important interrelated questions to expect definitive answers from lawyers on this forum. You should consult an immigration lawyer and a tax lawyer because either area of law could affect the outcome in the other area.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Q: What about mowing our property even though we have asked him not to and how many strips beyond what he has taken

What about mowing? How much land is he allowed to claim for mowing beyond what he has already taken do we have to allow, even if we send him the letter as advised?

Joseph Jaap
Joseph Jaap answered on Mar 1, 2019

There is no rule about that. Coming over the boundary line is technically a trespass. Use the Find a Lawyer tab to retain a local real estate attorney who can review a survey and all the facts, and advise you with specifics.

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