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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: Are there tax implications when transferring a rent house to an LLC when the LLC has already been operating it?

• My wife and I own a rent house. We also own an LLC.

• We want to transfer ownership of the house to our LLC and want to understand the tax implications.

• The rent house has had an operating loss, and it currently carries a loss carryover to be applied against future... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jul 11, 2021

I am not just passing the buck, but you really need to hire a tax professional with this transaction.

1 Answer | Asked in Tax Law for Texas on
Q: We are paying back taxes owed, but it is way more than we owed because of interest & fines. Can anything be done?

The taxes owed are due to claiming more dependents after kids left home and it was not caught until we reviewed w2 form.

Linda Simmons Campbell
Linda Simmons Campbell answered on Jul 8, 2021

If you are paying federal taxes then you can request a one-time penalty abatement. This will abate penalties (not interest) for the first year a taxpayer owes taxes. As the name suggests this is a one-time option. Wait until you have paid the base tax due and then call the IRS and request the... Read more »

1 Answer | Asked in Immigration Law, International Law and Tax Law for Texas on
Q: Should I get a tax refund as an international student?

I started working this year and filed my taxes for last year. I got a tax refund but I was not employed anywhere last year. I am a F-1 student, will this refund affect my chances of getting green card?

Agnes Jury
Agnes Jury answered on Apr 22, 2021

You should consult with a Certified Public Accountant to understand why you got a refund. As long as your taxes were properly completed, the mere fact that you got a refund will not affect your eligibility for permanent residency/green card. You should consult with an immigration attorney though... Read more »

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: Filled 2019 jointly w/ ex +claimed her child as dependent, divorced in 2020 Do I have to give her the stimulus check?

What happens if I don't give her the 3rd stimulus check?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If the check is in her name and you don’t give it to her, you can face criminal charges and civil penalties. Unless your divorce decree awarded you her check, which it doesn’t sound like.

1 Answer | Asked in Tax Law for Texas on
Q: Tax evasion or tax avoidance?

I have paid to have a nonprofit created for me from a trusted source. If it was formed incorrectly and I get audited for not paying the correct amount of taxes... Would this be considered tax evasion(jail time?) or just tax avoidance (legal, so just an extra fine)

Daniel W. Layton
Daniel W. Layton answered on Mar 31, 2021

It isn't possible to answer your question based on the limited information provided and, because of the sensitive nature, I would recommend having a confidential consultation with an attorney subject to attorney-client privilege. When something is done wrong on your tax return, it not lawful... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Tax Law for Texas on
Q: If i am still legally married but my ex filed divorce papers in prison can he take legal action against me over stimulus

I filed my taxes last yr as married filing jointly bc thats how turbo tax said to file and since we were still legally married and no papers were filed i didnt want to get in trouble for filing incorrectly... so i got the first stimulus and the second and havent given him any... he filed for... Read more »

Teri A. Walter
Teri A. Walter answered on Feb 3, 2021

You filed as married, and you were married. Nothing inappropriate there. Even after the divorce petition is filed, you're still married until there is a final divorce decree. The stimulus payment is community property and you can spend it however you wish. Your soon-to-be ex's... Read more »

2 Answers | Asked in Bankruptcy, Employment Law and Tax Law for Texas on
Q: My employee deducted my court ordered bankruptcy payments from my checks, but didn't send the money to the trustee.

My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jan 21, 2021

Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.

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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: My parents gifted my wife and I, a house, would I need a form 709, real estate attorney and/or CPA, or all of them?

My parents gifted us the house in 2020, how to we claim this? We're not going to sell it, rather we will sell our current house and use the equity and remodel the gifted house. We have lived in our current house for over 9yrs and it will be less than $500k, so capital gains tax shouldn't... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Your parents (the giftor) should file a gift tax return because the amount of the gift exceeds the exemption. The exemption is set at $15,000 per person. If your parents (two giftors) choose to gift split, and the gift is given to you and your wife, this allows for a $60,000 exemption ($15,000... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Father is providing $250K cash to help purchase land. Will this fall under Lifetime Credit Tax Exp or will he be taxed?

Father-in-law giving $250,000 to help purchase a property that is $500,000. This Texas property is 30 acres plus home. Will he be taxed on that "gift" or does it fall under the Lifetime Credit Tax Exemption? Additionally, it's not really a gift as we are leasing him 25 of the... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Jan 19, 2021

Short answer is yes he must file a gift tax return. However, there is a lifetime exemption amount of $11,700,000 per person. That means that your father can gift up to $11,700,000 tax free during and after his life via gifts and his estate. The lease does not matter. It is still a gift if you are... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Tax Law for Texas on
Q: Half owner defaults on property taxes 2010 veteran repays taxdebt builds home after theft of disaster funds

Now indiv seeks order of protection to recover home theft of all property while accussed in jail on abuse charges fabricated

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

I am not clear on your question. It can be tricky throwing accusations at an alleged abuse victim because it can sound like a motive or logical justification for violence. You should also be aware that some prosecutors will consider the fact that a person is a veteran to mean they are MORE likely... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s

before the gold is paid for, we need to pay some right to sell tax. It’s a document that’s supposed to have the judge’s signature on it. It’is $45000

is this true or a lie

Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

If you're buying gold, and someone is telling you that you have to pay for a document signed by a judge to purchase it, it's a scam. Buy from someone reputable, and preferably local.

1 Answer | Asked in Tax Law for Texas on
Q: i have been left gold bars in a will i have been told i have to pay taxes on that before i can sell it is that true
Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

There is no inheritance tax in Texas, and most estates are not large enough to require payment of any estate taxes. Find more information here:

https://www.irs.gov/businesses/small-businesses-self-employed/frequently-asked-questions-on-estate-taxes

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

1 Answer | Asked in Immigration Law, Tax Law, International Law and Internet Law for Texas on
Q: Hey plzz reply ASAP dear...I too live in the US...so can you get paid from youtube even after having F1 visa?

So if I upload a video from US but link it with my homecountry bank...which means I can't get the money in USA but only get money in my home country bank account..is that legal and fine? And what if I know someone who is working in USA and invested and have E2 visa(not green card), can I... Read more »

Kevin L Dixler
Kevin L Dixler answered on Nov 6, 2020

No! You are living and working in the U. S. in violation of your F-1 student status. There can be remedies to this mistake, but you need an appointment with a competent and experienced immigration attorney, who can take the time to provide legal advice.

The above is general information,...
Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Can an LLC's donation of a service be tax deductible?

If I donate to a 501(c)(3) silent auction one of my seminar's, what are the tax implications?

1) If I price the seminar at $500 and the winning bid is $600, then does the winner claim a $100 donation to the charity?

2) And do I claim a $500 donation to the charity in that case/... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 28, 2020

Services are not an eligible deduction for the charitable contribution deduction. You would have to contribute cash or property.

If the winning bid is greater than the value of the item bid on, that person may receive a charitable deduction for the extra piece, BUT there are many many...
Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Do I qualify for capital gains relief on sale of my rented house?

In 2015 my wife and I moved to Dallas from our primary residence in Austin for a new job opportunity. We rented the house out until 2019 when we then sold it. According to IRS publication 523 if you take a job over 50 miles from your primary residence, you should be eligible for some capital gains... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 21, 2020

Your CPA is probably correct (at least in part). It depends on how long you used it as a rental property. I published a article in the Tax Adviser on this code section (section 121).

https://www.thetaxadviser.com/issues/2019/apr/involuntary-conversion-principal-residence.html

1 Answer | Asked in Tax Law for Texas on
Q: How do I keep my tax return $ if ex didn't file/pay 1099/our tax for several yrs?

We were married for 20 years and now divorced for 3yrs.

I was a stay at home mom the entire time and my (ex)husband worked in IT- most of his work was contract so when we received his tax forms, they were 1099. Most times he pushed off the taxes to me to file (I had us go to HRBlock) but... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 14, 2020

If neither of you filed for the years in question and the IRS filed for you then you can file married filing separately. This may result in you being able to get back some money if you would have been entitled to a refund. If a joint return was filed then you will likely need professional... Read more »

1 Answer | Asked in Tax Law and Elder Law for Texas on
Q: Can a Quitclaim deed be used to take my husband's name off of our second home?

Eight years ago, my husband (now 80 years old) and I (71 years old) bought a second house for our adult daughter to live in. Her disabilities are getting worse and I now live with her to help. My husband lives in our original home a mile away. The increases in property taxes here in Tarrant... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 12, 2020

A quit claim deed does not transfer title.

But a spouse can gift another spouse using either a General Warranty Deed or a Special Warranty Deed, depending on whether the underlying deed is a General Warranty Deed or a Special Warranty Deed.

You do need a lawyer to draft the deed...
Read more »

1 Answer | Asked in Divorce, Family Law, Tax Law and Child Custody for Texas on
Q: Can new girlfriend be home alone most the time with my child having her own children removed from home

She had 3 kids of her own that she has no right to that live with her mom. Also she spends 98% of time with my child

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

Probably yes but it depends on what your custody order says. There may be a "no shack up" clause that prevents overnight visits when your ex has not remarried.

If the new girlfriend is a danger to the child, you likely have grounds for a modification.

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Texas on
Q: Is there required form of legal tender that people can't decline when dealing with debt?

I have a friend whom helped pay for my car. He paid the last 1000 or so.

I brought him cash, he says no cash. I bring him card, says cash only.

This has happened twice each. Is there required form of legal tender that he can't decline.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 6, 2020

There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does... Read more »

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