Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Tax Law Questions & Answers
2 Answers | Asked in Probate, Estate Planning and Tax Law for South Carolina on
Q: How to distribute $180K from joint bank accounts without tax consequences in SC?

As the personal representative of my mom's estate in South Carolina, I'm responsible for distributing her assets, including two bank accounts totaling $180K, which I held jointly with rights of survivorship. I intend to split these funds 50/50 with my sister, per the will. The estate does... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2025

If you were a joint owner with your Mother then you own the account at her death and the Estate is not involved and does not pass through the Will. Check the signature card carefully. I know there are State taxes in SC, so that is your worry besides possibly a gift tax on the money going to... View More

View More Answers

3 Answers | Asked in Bankruptcy, Real Estate Law, Tax Law and Probate for South Carolina on
Q: How to find out if I'm a trustee or trust
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 16, 2025

The Trust document itself names/designates/controls the identity of both the trustee(s) and the successor trustee(s).

Successor trustees are named in the event that the named trustee is unable or refuses to serve.

As you have probably surmised, being designated as a trustee comes... View More

View More Answers

1 Answer | Asked in Family Law, Tax Law and Child Custody for South Carolina on
Q: Mother=Full Legal Custody. Dad=Visitation wknd. Dad actually has kid all year mom visits occasionally. Taxes?

Is it legal for the mother to file the child on taxes that they actually didn't care for and was in physical custody of the father? Mother decided she couldn't handle the kid and asked the dad to take him. It was a verbal agreement. The kid is enrolled in school for the past year at the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2024

Based on the information provided, it seems that although the mother has full legal custody, the child has been living with the father for the past year. The father has been the primary caregiver, providing housing, enrolling the child in school, and handling medical matters. The mother has only... View More

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

I understand that you're in a difficult situation regarding the land and mobile home. It seems there are a few legal issues at play here that would be best addressed by consulting with a qualified attorney who specializes in real estate law. They can review the specific details of your case... View More

View More Answers

2 Answers | Asked in Tax Law and Real Estate Law for South Carolina on
Q: I have been leaving on a piece of land at a mobile home that me and my husband paid for when I went to go pay taxes

The taxes showed as exempt and found out that the deceased sister of the individual about the house. From had it put in her name and now her daughters are trying to make me pay $500 for lot rent. Can you help me?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

Apparently you never got a deed, so the property is not yours as you only had a lease with option to purchase. You might have a claim for breach of contract if you paid in full the contract. If not, then you might sue the heirs to complete the contract. But it is doubtful. Hire a SC... View More

View More Answers

1 Answer | Asked in Tax Law, Banking, Civil Rights and Small Claims for South Carolina on
Q: How long do I need to be in possession of a car to take legal ownership of it?

-I bought a car from a private seller through the facebook marketplace.

-I purchased the car with an auto loan through Navy Federal Credit Union.

-When I went to register the car, the DMV stated that the VIN number on the title did not have any records (the car had been VIN... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

I'm sorry to hear about your difficult situation with the car. Unfortunately, under California law (and the laws of most states), you would not have a legal right to keep the car even after possessing it for two months.

There is no time period after which you can claim legal ownership... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: What are ways to avoid having to pay tax upon the amount of debt written off or forgiven when you receive a 1099-C?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

When you receive a Form 1099-C for cancellation of debt, it typically means you need to report this amount as income on your tax return, potentially increasing your tax liability. However, there are several strategies that may help you avoid or minimize the tax impact of forgiven debt.... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: I am a 1099 subcontractor. I get paid cash. I do not deposit the cash in the bank. Is that ok?

I am asking because my accountant is looking for bank deposits, and I don’t have any.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

No, being paid cash as a 1099 subcontractor and not depositing that cash into a bank account is generally not advisable or okay from a tax and legal perspective. Here are a few key reasons why:

1. Tax reporting requirements - As a 1099 worker, you are still required to pay taxes on that... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: I inherited my Dad's home when he passed away in 2002. His spouse was given a "Life Estate," with no Life Estate Deed.

I was notified in 2023 that his spouse had deceased. I sold the house in 2023. Do I have to pay capital gains from the fair value of the house in 2002 when my Dad died or when I was able to sell the house last year after his spouse with the Life estate passed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

In the United States, the basis for calculating capital gains on inherited property is typically the fair market value of the property at the time of the original owner's death. In your case, this would be the value of the home in 2002 when your father passed away. This is known as the... View More

1 Answer | Asked in Tax Law for South Carolina on
Q: If my property was sold at an auction this month due to delinquent taxes, do I have to move out right now?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

In cases where your property has been sold at an auction due to delinquent taxes, the immediate need to move out isn't always a given. The specific rules and timelines can vary based on local laws and the terms of the tax sale. Generally, there is a redemption period after the sale during... View More

1 Answer | Asked in International Law, Probate and Tax Law for South Carolina on
Q: How to transfer inherited Italian property and handle taxes from South Carolina?

I live in South Carolina. My siblings and I have inherited property in Italy from our parents and uncle, who passed away in 2002, 2009, and 2015. We have legal documentation indicating that the property was left to us, but we need guidance on transferring the deed to our names and handling any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2025

To transfer the deed in Italy, you and your siblings will each need an Italian tax code (codice fiscale) and a declaration of succession drafted by an Italian notary or lawyer, who will file the Dichiarazione di Successione with the Agenzia delle Entrate and register the property at the... View More

1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: Affidavit tax fee for property transfer in SC

I want to transfer ownership of a house located in South Carolina from parents to children for five dollars. The deed has been prepared, and there are no existing loans or liens on the property. The parents and children live in different states. Is there an affidavit tax fee for this transfer?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2025

In South Carolina, you will need to pay a deed recording fee when transferring the property from your parents to their children, even though the consideration is only five dollars. The state imposes a deed recording fee of $1.85 per $500 of the property's value, which consists of $1.30 going... View More

1 Answer | Asked in Tax Law and Probate for South Carolina on
Q: Can a deceased person's 2022 state tax be audited in SC?

I am dealing with a state tax audit for the 2022 tax year concerning a deceased relative who passed away in 2023. The deceased had income and filed state taxes in two states. The audit requests a copy of the 2022 tax return for the second state. An executor and court-appointed representative... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2025

Yes, South Carolina can audit your deceased relative's 2022 state tax return even though the person passed away in 2023 and probate has been finalized. Tax authorities retain the right to audit deceased taxpayers' returns for up to six years after filing, and the closure of probate does... View More

1 Answer | Asked in Real Estate Law and Tax Law for South Carolina on
Q: How many years to gain ownership if I'm the only one paying land taxes on heirs' property?

I have heirs' property and I'm the only one paying land taxes for the past 4 years. There are no written agreements about tax payments among the heirs, and I haven't notified other heirs about my payments. How many years should it take for me to gain ownership if I'm the only one paying taxes?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In South Carolina, you may be able to gain ownership of heirs' property through a legal process called "adverse possession," which allows a person to claim ownership of land after continuous use and payment of taxes for a certain period of time. However, for adverse possession to... View More

1 Answer | Asked in Tax Law and Traffic Tickets for South Carolina on
Q: Can SC suspend my license for unpaid mobile home taxes?

I am in South Carolina and need to know if the state can suspend my driver's license for unpaid mobile home taxes. I haven't received any official notice of suspension, but a representative at the tax office mentioned it could happen. I am currently involved in a lawsuit where the other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025

In South Carolina, failing to pay personal property taxes on a vehicle, including mobile homes, can lead to the suspension of your driver's license and vehicle registration. According to Section 12-37-2740 of the South Carolina Code, the Department of Motor Vehicles (SCDMV) may suspend these... View More

2 Answers | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for South Carolina on
Q: How can I reclaim property after city demolition due to unpaid taxes?

I received a letter from the city regarding unpaid taxes on my property for several years. The city had my very old home torn down, but I am unsure if it was auctioned off. I want to know what steps I can take to get my property back, despite the house being demolished. I haven't reached out... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025

Hire a SC attorney to search the title and determine the present title. Taxes and Liens will be very important here, so if you plan on being the owner, expect to satisfy the County immediately.

View More Answers

1 Answer | Asked in Tax Law for South Carolina on
Q: My company moved us from Florida to South Carolina. When we moved, they did not update his tax rate. Can we sue to pay
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2025

When your employer moved you from Florida to South Carolina but failed to adjust your tax rate, it may result in incorrect tax withholding. This could lead to you owing taxes at the end of the year or having penalties for underpayment. Employers have a responsibility to update payroll records to... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Tax Law and Contracts for South Carolina on
Q: Is a temporary refundable surety tax insurance policy legit?

I own a cleaning business and a contractor wants me to do some work but before the give me access to properties they said I had to pay for the temporary refundable surety tax insurance. They said they wouldn't accept the business insurance I have

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

It’s wise to approach this situation with caution. Temporary refundable surety tax insurance isn’t a common requirement in standard business practices. Legitimate contractors typically rely on standard insurance policies to ensure coverage and compliance.

Paying for an unfamiliar... View More

1 Answer | Asked in Criminal Law and Tax Law for South Carolina on
Q: 401k hardship withdrawal

I am looking to do a hardship withdrawal from my 401k. I am unsure how much i need. The IRS page states "qualified disaster distributions are permitted without regard to your need or the actual amount of your economic loss." Could I face legal action if I take out more than I need for repairs

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024

When considering a 401(k) hardship withdrawal, it’s important to understand the specific requirements and guidelines set by the IRS. Qualified disaster distributions allow you to access funds without strictly needing to match your exact economic loss. This flexibility is designed to help you... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.