Ask a Question

Get free answers to your Tax Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Tax Law Questions & 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 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

1 Answer | Asked in Tax Law for South Carolina on
Q: Can a person that sold their home/property, which has delinquent taxes owed, to a broker/realtor back out of the sale?

It was sold to the realtor in May 2024 and is advertised online but hasn't been bought yet.

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

If you've sold your home or property to a broker or realtor and there are delinquent taxes owed, whether you can back out of the sale depends on the terms of the contract you signed. Most real estate contracts are legally binding, meaning once you've signed, you are committed to the sale... View More

1 Answer | Asked in Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

1 Answer | Asked in Child Support and Tax Law for South Carolina on
Q: What’s the best way to keep finances separated if you are about to marry a man with child support

Do I have to file married with him or can I keep it as head of household?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

This is actually a question about taxes. Married couples can file taxes in one of two ways: "married filing jointly" or "married filing separately."

Filing your taxes as a married person, either jointly with your spouse or separately, does not affect your fiance's...
View More

1 Answer | Asked in Tax Law for South Carolina on
Q: Who can pay delinquent taxes
Carli Jo Aelker
Carli Jo Aelker
answered on Dec 7, 2022

anyone who owes delinquent taxes is recommended to pay them off in a timely manner - you may want to reword your question to include more context.

1 Answer | Asked in Family Law, Real Estate Law, Tax Law and Probate for South Carolina on
Q: Ex and I are JTROS on our paid for home. Partition default judgement months ago, but delinquent tax sale does what to us

What happens with the partition during the redemption period of the delinquent tax sale?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2022

Any Partition Action will be subject to the Tax Sale, which should have been part of the Partition Sale Order. Apparently the Partition Action is incomplete and erroneous. High tax bidder will ignore the Partition action.

1 Answer | Asked in Foreclosure and Tax Law for South Carolina on
Q: Does a delinquent property tax sale go on your record as a foreclosure?
D. Nathan Davis
D. Nathan Davis
answered on Dec 6, 2022

Which record are you referring to? I assume you are referring to property records. Of course, when the sale is completed, the property records will reflect that the property was sold and who the buyer was who purchased the property at tax sale.

The credit report will reflect that the...
View More

1 Answer | Asked in Employment Law, Tax Law and Collections for South Carolina on
Q: When does the collection of NON-fraudulent overpayment of unemployment benefits by the state stops in South Carolina?

The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?

D. Nathan Davis
D. Nathan Davis
answered on Oct 19, 2022

Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:

(5) Notwithstanding any other provision of this section, no action to enforce...
View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.