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Texas Tax Law Questions & Answers
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...
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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 »

1 Answer | Asked in Tax Law for Texas on
Q: If you buy furniture in Texas, and have it delivered to Arkansas, which state sales tax is paid?

Say the furniture once in the home in Ark. has to be repaired by Tx. Store. Which sales tax is applied?

Eric Steven Day
Eric Steven Day answered on Jul 28, 2020

You would pay the sales tax to the State of Texas. There are a lot of complex rules with online sales, but it typically depends on the level of sales that store/person has in the state on whether the State of Ark. can also collect sales tax.

2 Answers | Asked in Tax Law for Texas on
Q: What are my options? What can I do?

I had a company send me a w-2 for 2019. I never worked for them that year. I did work for them the year before. The w-2 said I was paid just under $900.00. I never got any money. I think the boss used my info to get the money for himself.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 18, 2020

You really should be asking a Tax Law attorney or at least a CPA. This isn't my area of practice so I can't give you a legal answer. However, as a fellow taxpayer, it is my understanding that it is better to reach out to the IRS than to put your head in the sand so you might consider... Read more »

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1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Tax Law for Texas on
Q: You are in a left turn only lane do you need to use your blinker to indicate your turn when that is the only option and

There is a traffic light

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

1. Not sure why this is tagged as a tax question.

2. Yes, you still signal the turn.

2 Answers | Asked in Tax Law, Criminal Law, Civil Rights and Federal Crimes for Texas on
Q: Does the judge who signs an affidavit keep the original signed affidavit and give back a copy?

I believe affidavit turned into be filled for records is different than the one the judge signed and kept for his records

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 11, 2020

If you mean affidavits of probable cause upon which is the basis to issue an arrest warrant or search warrant, in Texas the Judge is supposed to keep those or file them in a place that they are publicly available since they are matters of public record.

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1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Texas on
Q: A relative recently died intestate in Minnesota (did not leave a will). He did not have a spouse nor children.

His siblings are his only next of kin and they all live in different states outside of Minnesota. What will be the most efficient, cost effective way for them to tackle his estate? Please advise.

Thanks.

Terry Lynn Garrett
Terry Lynn Garrett answered on May 5, 2020

The estate must be probated in Minnesota. What is the most cost effective way to do this depends on what he left.

1 Answer | Asked in Banking, Business Law and Tax Law for Texas on
Q: Is it legal for a CPA to charge my small business a 10% fee for filing ppp loan application?

We did not sign an agreement. The CPA did not mention any fees until after we got the loan & he sent an invoice for $9,000!

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Did you sign an agreement for that fee?

1 Answer | Asked in Tax Law for Texas on
Q: I have not filed my taxes in 6 yrs but I need to get this done how do I start this process
D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 20, 2020

Gather what records you have, order IRS (and state if applicable) transcripts, draft returns and file. If you owe you'll need to work out a resolution, pay, installment agreement, offer in compromise, etc...

For that amount of returns I would suggest hiring a professional. They usually...
Read more »

1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: Stimulus check for US Citizen KIDS living ABROAD with NON-U.S. PARENTS.

My wife and I are Mexican citizens living in Mexico. I have 4 children who were born in Texas. 21, 15, 10 and 2 years old. 22 years ago I worked in the USA with an H-1B visa when my oldest son was born. When my visa expired, I returned to live in Mexico and I only returned to the USA so that my... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 14, 2020

The children under 16, no. The 21 year old, maybe. If he or she has a social security number (SSN), but has never filed any taxes, then he or she must fill out the non-filer form: https://www.irs.gov/coronavirus/economic-impact-payments

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: What can I do if my boss has misfiled his employee taxes and as a resut, I am being denied unemployment?

I am in Louisiana. My case is going into its final appeal because they made the decision before they saw any of my evidence that I faxed. My boss not only paid in $1,400 to an employee that was fired, which was part of my quarterly income, but then he skipped a quarter of my income. Then he paid me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

Most if not all states keep very close tabs on employers who "skip" paying payroll taxes; so the agency you are dealing with is now aware that your employer has violated state and federal laws, thus causing you (and other employees?) to be denied unemployment benefits. Because you... Read more »

1 Answer | Asked in Bankruptcy and Tax Law for Texas on
Q: Can the IRS keep my 2019 refund when I'm currently under the automatic stay even though I owe back taxes?

I know it's considered estate money according to the bankruptcy law but unclear about the IRS refund question.

Timothy Denison
Timothy Denison answered on Apr 1, 2020

Yes, unless you exempted it when you filed your petition.

1 Answer | Asked in Tax Law for Texas on
Q: I lived/worked in Louisiana in 2008. After I left I was told I owed for income tax ...I disputed but never heard back.

Today I got a letter from a collection agency saying I owed $8K and if they didnt hear back they would assume I acknowledged debt as valid. What should I do?

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 24, 2020

Hire a tax attorney.

States often send out amount due notices with no substantiation. However, it's your responsibility to respond and show they're wrong. Complete bunk, but that's the way it is. Otherwise you find yourself in a situation where they just start taking your...
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2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... Read more »

David Ostrove
David Ostrove answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... Read more »

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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Should a church hire as employees musicians who occasionally play, or is it OK to treat them as independent contractors?

Many churches have 'worship teams'—teams of musicians who play many or most Sundays per year, and I understand how they would probably need to treat those musicians as employees. The church in question, however, occasionally has professional musicians from local orchestras play music on... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 20, 2020

The test for employee vs independent contractor is multi factored. There's not enough information here to provide an answer.

California is aggressive on reclassifying contractors as employees but that doesn't matter if you're not in California.

if you go talk to an...
Read more »

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