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Rhode Island Tax Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: Can I name 3 people on my life estate

Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More

Nina Whitehurst
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answered on Sep 25, 2024

Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More

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1 Answer | Asked in Tax Law for Rhode Island on
Q: 2008 income taxes

I live in GA now, I just had a wage garnishment come up on my paystub & when inquired about this was told it was from RI. Called them & it’s from 2008 when I was married and husband at time filed our taxes jointly. I made less then 10k that year & he owed. So It’s his debt but... View More

James L. Arrasmith
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answered on Sep 14, 2023

You may have options to address this situation:

1. Innocent Spouse Relief: If you believe you are not responsible for your ex-spouse's tax debt, you can explore the possibility of innocent spouse relief with the IRS. This relief may relieve you of liability for your ex-spouse's...
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1 Answer | Asked in Tax Law for Rhode Island on
Q: An online platform, Vinted, is charging sales tax on clothes to a clothing tax exempt state-Rhode Island.

I’ve contacted support numerous times, but they did not care. This was maybe a couple of years ago. I just stopped shopping with them. Now, I just checked again, and they are still charging sales tax on clothes. Can they be stopped? It’s just ridiculous that they blatantly do not care; and who... View More

James L. Arrasmith
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answered on Oct 4, 2024

I'm sorry to hear about the frustration you're experiencing with Vinted. Since Rhode Island exempts clothing from sales tax, it's important to ensure that your account settings reflect this status. Double-check your tax exemption status in your Vinted account settings to make sure... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Rhode Island on
Q: I’m on ssi and Medicaid. I live in my dad’s home with my mom who also gets ssi and Medicaid…Mom and dad never married “”

My dad wants to do a life estate so me, mom and my step-brother can have the house without going through probate. Will getting the house affect mine and my moms SSI and Medicaid? We are keeping it to live in as our primary residence in RI. My step-brother owns his own home, will that affect his... View More

James L. Arrasmith
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answered on Sep 25, 2024

If your father creates a life estate and transfers the house to you, your mom, and your step-brother, it likely won’t affect your SSI and Medicaid benefits as long as you continue to use the house as your primary residence. For Medicaid, one primary residence is generally considered an exempt... View More

1 Answer | Asked in Contracts, Products Liability, Tax Law and Car Accidents for Rhode Island on
Q: Can I own an unregistered vehicle if I don’t use the vehicle

I’m trying to buy a vehicle and I won’t be able to register it for 2 months.

Albin Moser
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answered on Dec 21, 2023

Yes, you can own a vehicle that is not registered yet. Until you register it you can't drive it.

1 Answer | Asked in Tax Law for Rhode Island on
Q: Are there any lawyers here that support or represent a retail cigar shop business that pays Tobacco excise taxes?

this would be for the State Of Rhode Island

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 14, 2022

Hi. Unfortunately this is not a site to retain legal representation. Please reach out to an attorney privately.

1 Answer | Asked in Tax Law for Rhode Island on
Q: My dad died over five years ago and we just found account worth $50,000. I received the check made out to "estate of

John Smith with my name C/O Joe Smith, executor. We never setup an Estate bank account when he died.... I do have the Probate Certificate of Appointment paperwork which was why the check was sent to me. Can I deposit in my personal account and share with siblings that way or do I need to open... View More

Neville Bedford
Neville Bedford
answered on Nov 5, 2021

Check in with the lawyer who helped you get that appointment. They will explain the process of reopening the case to deposit the check and then close it again.

1 Answer | Asked in Tax Law for Rhode Island on
Q: In Rhode Island, if I acquire 100% interest in a tax sale, is the mortgage wiped? What if <100% is acquired?
David Ostrove
David Ostrove
answered on May 6, 2020

In some states, you may ask the county to remove the mortgage lien.

In some states, all liens junior to the tax lien are wiped out.

There are circumstances where a mortgage lien may survive.

You should ask a lawyer who does property law in your state.

2 Answers | Asked in Tax Law for Rhode Island on
Q: Young bro lives with me for 1 yr. Mom hasn’t bothered w/us until she found out i claimed him. Can i get in trouble?

Financially taken care of him for 2 years but he has lived with me for 1 year. Mom never calls to check on him. Everyone knows he lives with me. She does not work. I thought it was only right for me to claim him on taxes since i care for him.

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

Look at the following two tables (I have provided the links) to see if you were allowed to take your brother as a qualifying relative.

https://apps.irs.gov/app/vita/content/globalmedia/table_1_dependency_exemption_child_4012.pdf...
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1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Civil Litigation for Rhode Island on
Q: Inheritance rights where estate wrongly dealt with by intestate succession

Substantial estate passed by intestate succession after named beneficiary in a will could not be located. Named beneficiary located 10-years later. Do they have rights to claim?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 25, 2019

Probably not--unless there is clear evidence of some kind of fraudulent behavior on the part of other heirs.

1 Answer | Asked in Tax Law for Rhode Island on
Q: in Rhode island who is responsible for taxes on homes set up in a trust?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jun 24, 2019

It depends on how the trust is drafted but generally it is either the trust that pays and the Trustee is responsible for making the payment from trust funds or the Grantor (sometimes called the Settlor, this is the person/s that initially put the assets into the trust) for a Grantor retained trust.... View More

1 Answer | Asked in Tax Law for Rhode Island on
Q: I in herited a home with a lien on the property for my father from not paying sales tax to ri division of taxation .

will the tax lien expire . does the state of ri have to renew the lien .

Neville Bedford
Neville Bedford
answered on Feb 16, 2019

Talk with the attorney handing the probate case.

1 Answer | Asked in Tax Law and Business Law for Rhode Island on
Q: In order to file for tax exempt number and go forth 501c3 status do we have to be a corporation on State of RI level ?
Kas DeCarvalho
Kas DeCarvalho
answered on Jul 6, 2017

Yes. The State-registered non-profit corporation is essentially the "trunk" upon which you then add various "branches," including your Employer ID number, related 501(c)3 or other non-profit/exempt status, etc.

1 Answer | Asked in Tax Law for Rhode Island on
Q: Does RI impose a RE coveyance tax if the real property is transferring the controlling interest only?
Marc A. Lewin
Marc A. Lewin
answered on Oct 2, 2015

Effective July 1, 2015, Rhode Island now imposes a realty conveyance tax on the transfer of controlling interests in a “real estate company,” in addition to any other state taxes. Please see an article that I just co-authored on the topic:... View More

1 Answer | Asked in Tax Law for Rhode Island on
Q: is there any way to give sibling a portion of the money i received & only be taxed on what I kept?

My recently deceased father was due a social security disability payment of $44,000 at time of death. all together his 3 children each received apprx $14,666. but 2 of us want to give $5,900 each to our sister that paid his expenses & took care of him Is there any way to give her this money... View More

Neville Bedford
Neville Bedford
answered on Sep 7, 2015

Yes, there are provisions for gifts in the tax code that speak to this. I think the amounts are enumerated in IRS §2503

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title26/pdf/USCODE-2011-title26-subtitleB-chap12-subchapA-sec2503.pdf

1 Answer | Asked in Tax Law for Rhode Island on
Q: In reference to General LawsTitle 44 - TaxationChapter 44-30.1 - Setoff of Refund of Personal Income Tax

In reference to

General Laws

Title 44 - Taxation

Chapter 44-30.1 - Setoff of Refund of Personal Income Tax

Chapter 44-30.1-1 - Definitions. It says anything over 500 can be taken so does that mean if I owed 750 for example they would only take the 250 about it or would they take all of it?

Neville Bedford
Neville Bedford
answered on Mar 27, 2015

When you have a problem like this, it is best to see a tax attorney and retain them to assist you.

1 Answer | Asked in Tax Law for Rhode Island on
Q: Both children have been adopted and I am on disability. Both are over 21 why are they taking my taxes?
Neville Bedford
Neville Bedford
answered on Mar 27, 2015

When you have a problem like this, it is best to see a family court attorney and retain them to assist you. They will be able to advise you of the particulars of your case after investigation with the court. It is possible that some monies may have accrued before they were adopted but only a good... View More

1 Answer | Asked in Tax Law for Rhode Island on
Q: Off set of taxes

In reference to

General Laws

Title 44 - Taxation

Chapter 44-30.1 - Setoff of Refund of Personal Income Tax

Chapter 44-30.1-1 - Definitions. It says anything over 500 can be taken so does that mean if I owed 750 for example they would only take the 250 about it or would they take all of it?

Neville Bedford
Neville Bedford
answered on Mar 27, 2015

When you have a problem like this, it is best to see a tax attorney and retain them to assist you.

1 Answer | Asked in Tax Law for Rhode Island on
Q: I work in Massachusetts and live in Rhode Island. Do I have to pay Rhode Island state taxes?
Jennifer Louise Long
Jennifer Louise Long
answered on Mar 2, 2014

In Rhode Island, every resident who is required to file a federal income tax return must file a Rhode Island individual income tax return (RI-1040). However, the RI-1040 allows you to take a credit for taxes paid to another state. I would encourage you to seek a tax preparer to ensure that you take... View More

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