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Tennessee Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Tennessee on
Q: When the deed is transferred and completed who has claim to the excess funds paid at the tax sale?

Previous owner cannot be found and there are no liens on the property

Anthony M. Avery
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Anthony M. Avery
answered on Jul 25, 2022

Either the titled owner who lost the property or his heirs. It is not the purchaser at the tax sale.

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
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1 Answer | Asked in Tax Law, Foreclosure and Real Estate Law for Tennessee on
Q: In a property tax sale do all interested parties need to be notified of the county tax suit, and the tax sale itself?

The property was purchased on the greenbelt in the 90’s, last year while cutting timber on said property, police showed up and told me I need to stop cutting because I didn’t own the property. Apparently 7 years ago the property was taken off of the greenbelt clause making me delinquent on the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

There is a lot more to this than simply getting notice of Delinquent Taxes. Hire a competent attorney to search the Title. The Redemption period is probably past, but the alleged owner may only have a Bill of Sale, not a Deed. An Ejectment Action may be possible. The legal description should... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Tennessee on
Q: Can I use my Virginia formed LLC in TN?

I have an electricians license in TN as well as local business licenses. I have registered to pay business tax and franchise and excise tax on Tennessee. I live in Virginia and have formed my LLC in Virginia. Am I okay to use my local TN business licenses and my TN electrical license to perform... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 1, 2022

You could register your VA LLC in TN as a foreign entity.

1 Answer | Asked in Tax Law for Tennessee on
Q: IRS has a lifetime gift of 12 million to your children. The 12 Mill can be given to each child and is it subject to tax
Anthony M. Avery
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Anthony M. Avery
answered on Feb 10, 2022

The Gift Tax Exclusion is alot more involved than that. What is your question?

1 Answer | Asked in Tax Law for Tennessee on
Q: How to find out what a citation was for and when it was issued

It's for notification of withdrawal of driving privileges SDCL 32-12-49 effective 1/29/22

Anthony M. Avery
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Anthony M. Avery
answered on Jan 21, 2022

That does not sound like a TNDL. You may wish to read the Citation verbatim, possibly with a magnifying glass. Then call the Court that it is before and ask. Otherwise hire an attorney to figure out what is going on. It may not be a Citation but a Notice of Suspension from DOS due to an... Read more »

2 Answers | Asked in Tax Law for Tennessee on
Q: Do I have to pay taxes on my profit on my home I just sold?

Owned for 31 years. Lived there until 3 years ago. I am a widow and soon be 59 years old

Anthony M. Avery
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Anthony M. Avery
answered on Nov 23, 2021

You are probably exempted from the capital gains tax as you were 55 during the last 5 years of living there as your home. But you still have to report the sale, and you might not meet the one time exclusion because of your age. Check IRS Publication 523.

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1 Answer | Asked in Probate and Tax Law for Tennessee on
Q: can tn collect a business tax after probate has closed
Anthony M. Avery
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Anthony M. Avery
answered on Aug 12, 2021

Unfortunately TN SC has ruled a tax is not a claim against the Estate. The SOL may have run on collection of taxes, or there not be property of the deceased taxpayer to collect from. Hire a competent attorney to assess the situation since apparently you do not have an attorney handling the... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: If I own a house/land worth $650K and want to gift to my parents, are there any tax implications for them or me?
Anthony M. Avery
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Anthony M. Avery
answered on Jul 14, 2021

There are tax implications to all Parties involved. This issue needs a competent attorney's advice after considering all the known facts. Most importantly, what is your basis? A Future Interests Deed might accomplish your goals and should be considered by an attorney who knows how to... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: What is the Privilege Tax that is exempt or waived by the state upon purchasing a vehicle for 100% disabled veterans?

The State Law is T.C.A. 5-8-102, a and d.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 25, 2020

That should be the "Wheel Tax" which is levied in many, but not all, Counties. It is part of the Registration Fees each year. Take a copy of your VA Decision Letter (and probably a DD 214 also) to the County Clerk for your next Registration. If applicable, it should save you some money.

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
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Anthony M. Avery
answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Estate Planning, Probate and Tax Law for Tennessee on
Q: My father passed away with no assets, and outstanding debt. What is my probate or tax responsibility?

He was on medicaid in a nursing home and all of his income went to that. Do i have I have to file a will in probate if I am the only heir and their are no assets to distribute? I have also found out owed a significant amount in back taxes, do I have to file a return with the IRS if there is no... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2020

There is no Statute mandating Probate of every Decedent's Estate. Many, many Next Of Kin make this mistake. If there are no assets to distribute, there is no purpose for a Probate. Also land rarely goes through an Estate. If something happens to go to you, worry about any possible lien... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: would like to add girlfriend/Fiancé of 10 yrs on my house deed. If I do a quit claim deed, is there IRS or loan issues
Anthony M. Avery
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Anthony M. Avery
answered on Aug 3, 2020

If there is a Deed of Trust on the Property, then there is probably a due on sale clause if the lender does not give permission. Usually they never find out unless there is a Foreclosure anyway though. The Deed to her should be thoroughly considered and expertly drafted. If the Property is not... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: If taxes are owed on a jointly owned home do I need to pay them before I can file for a partition for sale?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 3, 2020

No the taxes can be paid out of the Partition Sale Proceeds, could be paid now if needed by a Tenant In Common and reimbursed from Proceeds, or could be possibly sold to the purchaser who takes subject to the taxes. Just do not late severely late taxes allow the County to have a tax sale prior to... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: My mom is 72 years old and she recently went back to work she files her taxes for 2019 and she got a letter from the IRS

Stating that her and her husband owed the IRS $1600 in back taxes but the man’s name on the letter was a man that she was never dead married to and he is dead what should she do she is done all the documents all the paperwork that she had to do and send it to them and now they are refusing to... Read more »

Linda Simmons Campbell
Linda Simmons Campbell
answered on Jul 26, 2020

She should call the taxpayer advocate and ask them for assistance. Here is a link to look up the number for the office closest to her.

https://www.irs.gov/advocate/local-taxpayer-advocate

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: In Tennessee can I seller-finance mobile homes in mobile home parks?

My business plan was to buy old mobile homes in parks and repair them. After repairs, sell to individuals with sound credit, housing record, and employment on terms for 3-5 years with no interest and no early-payoff penalties.

Im serving three purposes: I'm cleaning up mobile home... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 11, 2020

Your business plan will require alot of work, and will incur significant risks. Do not buy any mobile home that does not have a certificate of title that goes with the serial number on the home. Then you will need a financing statement and note for each sale. Then you must record the lien... Read more »

1 Answer | Asked in Estate Planning, Family Law, Tax Law and Civil Rights for Tennessee on
Q: I received a stimulus check made out to my father who deceased Mar 2019. Do I return or keep it?
Zaher Fallahi
Zaher Fallahi
answered on Apr 25, 2020

Sorry about the passing of your father. Yes, you return it with a letter explaining the father's death. Good luck.

Disclaimer: This is not intended for, and may not be construed, as legal or tax advice. For specific advice please consult your legal counsel.

1 Answer | Asked in Child Support and Tax Law for Tennessee on
Q: If my taxes were reduced this year for child support payments and I received the remainder...will my stimulus check be

Garnished as well

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 21, 2020

If you owe back child support your stimulus check can and probably will be intercepted.

1 Answer | Asked in Business Law, Contracts and Tax Law for Tennessee on
Q: Can a corporation retrospectively cancel their promised 401k match contribution.

I am an employed physician of a large health system in NE TN. Because of financial losses they are having due to Covid-19, they have mandated a 20% pay cut for all physicians for a 60-day period. IN ADDITION, they are cancelling the 401k match for the entire 2020 FY (July 2019 to July 2020), which... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 20, 2020

Before I answer this question please allow me to sit the stage: Your employer is struggling to stay on top of the waves during the worst economic downturn since the Great Depression--which started in October 1929 and lasted for most of the ensuing decade. IMO, you and all other employees should be... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: When I lived in Florida, someone in TN did my taxes & stole my money instead of paying my tax bill. Best way to sue?

I gave her $1,000 for my tax bill & she sent me some confirmation email that my tax bill was paid through the IRS Direct Pay site. However, when I filed my taxes this year, they took my refund claiming that I never paid my taxes! When I called the IRS with the confirmation email I received from... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 16, 2020

I would continue to try and resolve the matter with the preparer. It may have been a clerical error or simple omission. If they can't or won't fix it you should file a police report, send form 3949-A to the IRS (link below), and review them on social media sites. The question is was this... Read more »

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