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Texas Tax Law Questions & Answers
1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes
Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 3, 2019

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
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1 Answer | Asked in Tax Law for Texas on
Q: Wouldnt the proposed VAT violate the direct tax clause, 16th amendment, interstate commerce clause, and tenth amendment?

It's insane that the platforms of major candidates are blatantly unconstitutional and nobody knows or cares. The Federal government doesn't have the authority to impose a federal sales tax, and it's not just a "customs tax" at the point of production

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

This is not a legal question; it is a questionable quasi-political argument, the response to which is shown below:

The federal, state and local governments have inherent taxing authority (think Boston Tea Party). Why? Because they are governments--and because all governments have always...
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1 Answer | Asked in Tax Law for Texas on
Q: Can The reason for protest from over market value to unequal & uniform before the arb hearing & after protest deadline?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 16, 2019

https://www.grammarly.com/blog/mistake-of-the-month-sentence-fragments/

Please read the above and repost your question.

1 Answer | Asked in Tax Law and Traffic Tickets for Texas on
Q: What happens if i didn’t tell the Tax office that i got a ticket on the day i was getting my registration renewed?

I passed my state inspection and was on my way to the tax office when i was stopped by the police officer.

Grant St Julian III
Grant St Julian III answered on Aug 15, 2019

You will not be entitled to the compliance fee dismissal on the citation since you did not pay the late fee (of about $8) for the registration.

2 Answers | Asked in Immigration Law and Tax Law for Texas on
Q: Does a green card holder have to file taxes even if they make below the poverty threshold?

In this scenario, a U.S. citizen taxpayer would not be required to file because they earn less than the threshold stipulated by IRS.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

The last I heard, in America everyone who has any income from any source is required to file an income tax return--regardless of the amount of income. Why? Because if the IRS left it to taxpayers to decide whether they had earned enough to have to file a return, no one would ever file.

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Texas on
Q: I discovered after mom's death that she hadn't filed my taxes in 22yrs and I haven't filed 2018. What am I obliged to do

I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl 2018)? My 2018... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 12, 2019

You need to contact a CPA as soon as possible and discuss this with them. The forum is for general answers and your situation requires a private consultation with an expert.

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1 Answer | Asked in Tax Law for Texas on
Q: Tax debt deceased estranged spouse

I'm 62, draw SSI. My estranged husband died in nursing home. No assets. How do I find out if he owed taxes? I'm not given power of atty, his sister is. She won't give me any info.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Unless you and your estranged husband filed joint tax returns there is no way for you to "find out whether he owed taxes." BTW, the POA he gave to his sister died the same day he did. So if the two of you own any property together now is the time for you to get going and hire a probate lawyer.

1 Answer | Asked in Contracts and Tax Law for Texas on
Q: I have property tax that was held out of the sell of my home and should not of bren.i am exempt of taxes. The title co.k

Title company kept this money.2300.00 do i take to civil court

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

The county will have procedures for challenging an assessment. You'll have to take up the case with them and you likely have no recourse against the title company as long as they were abiding by a lawful lien.

I would suggest hiring a professional as tax matters are complex and nuanced.

1 Answer | Asked in Tax Law and Family Law for Texas on
Q: What is the tax implication for declaring common law marriage in back date in Texas, consider the following scenario?

I need to know with absolute certainty, supported by some legal precedents that, If I declare by filling a declaration of informal marriage with the county office as per the Texas Common Law Marriage some time in 2019 that we have been common law married since January of 2017 then, are we obligated... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 29, 2019

For this level of inquiry you should hire a professional so that you have attorney client privilege.

Complying with your request exceeds that allowable by an attorney without potentially creating an attorney client relationship and is not appropriate for this forum.

1 Answer | Asked in Tax Law for Texas on
Q: If I declare in 2019 that we have been married under common law in Texas since November 2018, do we have to amend taxes?

If I declare and register with the county office that we have been married as per Common Law Marriage in Texas since November 2018, Am I required to file an amended tax return for the year 2018 as both of us had filed an individual tax return for the year 2018 or could we leave things as it is? an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

Despite my not being licensed in Texas and not having researched this question under Texas law I am still prepared to tell you that changing your status as a taxpayer in 2019 and then trying to amend your 2018 tax return will not work. Why? Because you were not entitled to claim common law marriage... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: My dad had a mobile home in NY that he voluntarily surrendered in 2014. My dad passed away on 5/25/19.

We just received an audit letter stating they need to pay over $4500 on that surrender. I am assuming the loan company for the mobile home has sent something to the IRS (not sure what). My mom was not on the original loan, only my dad. Is my mom responsible or can she file as a non- obligated... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 22, 2019

You should consider showing the IRS notice letter to a tax attorney who offers a free consultation. If the notice relates to cancellation of debt income related to surrendering the home and mortgage to the lender, then you’ll need to consider whether they filed a return for that year, what they... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Could my spouse claim the earned income tax credit if are married and filing separately under the following scenario?

if myself and my spouse didn’t live together for the last six months of the year (we got married in November of 2018), if she chooses head of household filing status, Could she be able to claim the Earned Income Credit (EIC)?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

Perhaps. However, the earned income credit does not necessarily apply to married taxpayers just because they lived apart for half the tax year. There are restrictions based on the amount of earnings.

1 Answer | Asked in Tax Law for Texas on
Q: My mother in law passed away in October 2018 and she had custody of my kids..when she passed my sister in law took the

Kids into her care and actually claimed them on her income tax for last year but my mom in law had them last year..isn't that tax fraud

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

Could be. Claiming an exemption for a person who does not reside in the home for more than half of the year is a violation of the IRS tax code.

1 Answer | Asked in Tax Law for Texas on
Q: I own a mobile home that is set on my daughter's property that is in jeopardy of being seized by the Irs.

Can they take my mobile home if it's in my name?

Andrew M Steiger
Andrew M Steiger answered on Jun 13, 2019

If it is your property and the IRS follows its guidelines, then yes the IRS can seize your property even if it is located on someone else’s property. The IRS can also levy your bank account balances held by your bank and wages held by your employer. You should have received a letter from the... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Does previously defaulting on a 403b loan, disqualify one from a new loan from the same plan (employer) in the future?

I work for a public ISD. I opened a 403(b), took out a loan then defaulted on the loan. I have since paid the loan back plus the interest owed. It has been some years since and now I would like to use to the annuity plan to take out another loan. The Third-Party Administrator (TPA) has three... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

Regardless of what anyone else told you, if the IRS told you no, the answer is no.

2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Selling an investment home, how do I show profits are going to business partner when title is in my name?

I am financing an investment property in Texas that will be sold when it is finished making it a short term capital gains. The business partner I am working with is the person doing all the rehab and will be taking the lions share of the profit however I wanted to be the person on title because I... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jun 5, 2019

If you and your friend are in business as a partnership, you’d file a form US 1065 and give each partner a K-1 form to report items of income on your 1040 return. It sounds like you should work with a local accountant to figure this out. If you’re not a partnership, then your payment to your... Read more »

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1 Answer | Asked in Business Law and Tax Law for Texas on
Q: Business partner filed for a withdrawl of assumed name, is this considered a dissolution?

In 2018 my business partner emptied and closed our business account and started a competing business. She told clients awful lies about me and refused to sign a dissolution agreement or anything to help dissolve the partnership. This left me financially devestated. I kept the business going and now... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

Free practical advice offered for the last 41 years to people starting their own small businesses:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
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1 Answer | Asked in Tax Law for Texas on
Q: I was wanting to know if I already signed a form 872 do I have to sign another if they put the wrong date on the other

I was audited for my 2016 taxes and I am trying to take it to appeals I am being told that I have to sign another form 872 because the agent put the wrong date on the first one and I won't be able to go to appeals if I don't sign the one she has the correct date on she already had me sign one with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Earth to taxpayer trying to appeal an IRS audit: You are dealing with the IRS. The IRS does not have time to argue with taxpayers over such silly things as the end date for completion of an audit. So-- unless you agree to sign whatever documents the auditor and IRS wants you to sign you may live to... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: wanting to know if I have to sign this new 872 since last was incorrect

I am appealing my audit I am begin told that if I don't sign the new form that I can't go to appeal I have a person working on it and they are telling me that If I don't sign the new 872 I won't be able to go to the new appeal I can only do Audit Recon is that true

Michelle D. Wynn
Michelle D. Wynn answered on May 14, 2019

The IRS often offers people the ability to pursue an Appeal of initial audit finding before the IRS issues a Statutory Notice of Deficiency. However, Appeals will only accept the case if they have at least 395 days before the current Statute of Limitations on Assessment is set to expire; this is... Read more »

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