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Tennessee Tax Law Questions & Answers
1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Tennessee on
Q: If I was left a house in a quit claim deed, does the house count as inherited? How does it affect capital gains taxes?

My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 4, 2023

That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... Read more »

2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Re: Administratively Dissolved HOA Has Land Deeds On 4 Open Space Lots All Have Easements-Land Tax Is Due Who Owes

Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.

Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.

The State of Tennessee listed the HOA... Read more »

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023

If the HOA has been administratively dissolved and there is no active board or entity responsible for maintaining the common spaces, it may be difficult to determine who is responsible for paying the city and county land taxes on those spaces.

In general, if the land deeds are in the name...
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2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Re: Administratively Dissolved HOA Has Land Deeds On 4 Open Space Lots All Have Easements-Land Tax Is Due Who Owes

Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.

Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.

The State of Tennessee listed the HOA... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2023

If the common areas are part of a condominium, then those homeowners are responsible for the taxes. If they are roads, then dedicated to the County and no taxes. Reconstitute the HOA, and probably need to pay taxes. Developer and the old HOA could possibly be sued, but doubtful. HOA might... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law and Environmental for Tennessee on
Q: Would a trust or live real estate (lifetime dowry) be a better option?

200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 20, 2023

Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... Read more »

2 Answers | Asked in Social Security and Tax Law for Tennessee on
Q: Does a retired person who is drawing life insurance and social security have to claim any profit on their taxes

Does a retired person who is drawing life insurance and social security have to claim any profit on their taxes, i.e. if they are renting a piece of property or a house and only want to receive cash for rent.

James L. Arrasmith
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answered on Mar 4, 2023

Generally, rental income is considered taxable income and should be reported on the individual's tax return. This includes rental income received by a retired person who is also receiving social security and life insurance benefits. However, there may be deductions and credits available to... Read more »

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1 Answer | Asked in Tax Law and Civil Litigation for Tennessee on
Q: I am being harassed by an RTO shed owner that went out of business and has taken me to court and I have been told by the

And I have been told by a good source that he's just doing this to make me pay for something I did not do I want to sue

Anthony M. Avery
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Anthony M. Avery
answered on Jan 3, 2023

Have you been served with a civil warrant? If not, you might forget about it until sued. Generally a 6 yr SOL. If worried, then make him a cash offer if you received a shed.

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
Kerry S. Alleyne Simmons
Kerry S. Alleyne Simmons
answered on May 16, 2022

Yes. While filing bankruptcy should be a last resort, it is one of the most effective ways to deal with credit card, medical debt and other types of debt. There are different types of bankruptcy and eligibility requirements for each.

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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
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 16, 2022

You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal... Read more »

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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 for Tennessee on
Q: How long does a land tax have to be delinquent for them to sell off your property

Supposing the land was sold without any notice and without any chance of redemption until the last minute

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2023

Each County Trustee gets the County Attorney to do tax sales at different delinquency periods. If you want to set aside a sale, hire an attorney now. Redemption period may not have run yet, but then you have to have the money to redeem.

1 Answer | Asked in Tax Law, Real Estate Law and Gov & Administrative Law for Tennessee on
Q: A man came to my door fraudulently claiming to be a tax assesor informed me that he was here to do building

And structure measurements to be certain the county had the correct information .I only agreed because he claimed to be the tax assessor. I became suspicious and called the county assessor and was informed that he had not been here since 2021.i later discovered he was hired by my neighbor posing as... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 19, 2023

Those are crimes which need to be reported to the Sheriff. Be ready to give specific information.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I just had my house sold for back taxes. Do I need a tax lawyer or a real estate lawyer?

I need to know more information about how this process works.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.

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.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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