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Virginia Tax Law Questions & Answers
1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.

Does the lessee typically write off those expenses?

I received a 1099-NEC accounting for the... View More

James L. Arrasmith
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answered on Mar 29, 2024

When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

1 Answer | Asked in Tax Law for Virginia on
Q: How can I hold the state responsible for causing a hardship with a tax levy.

.

James L. Arrasmith
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answered on Feb 22, 2024

If you're facing hardship due to a tax levy imposed by the state, there are steps you can take to address this issue. First, it's crucial to communicate directly with the state tax agency that issued the levy. Explain your situation and provide evidence of the hardship the levy is... View More

1 Answer | Asked in Tax Law and Real Estate Law for Virginia on
Q: How to file for property tax exclusion/deferral in Pittsyvania county, Virginia due to 65+ & disabled (58.1-3217)
James L. Arrasmith
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answered on Jan 26, 2024

Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:

1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or...
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1 Answer | Asked in Tax Law for Virginia on
Q: ON JANUARY 08TH 2024 AS EXCUTOR OF A ESTATE FILED A IRS FORM 4768, AND ITS ESTIMATED ESTATE TAXES DUE BY CHECK,

THE IRS RECEIVED ON JANUARY 1OTH 2024, ONE DAY PRIOR TO DUE DATE. ON JANUARY 20TH EXECUTOR RECEIVED BACK A COPY OF THE FILING, NOTED RECEIVED BY IRS JANUARY 10TH 2024 AND THE ORIGINAL CHECK FOR THE ESTATE TAXES, THE EXCUTOR IN WRITING THE CHECK DATED THE CHECK JANUARY 08 2023, NOTED BY IRS AS NON-... View More

James L. Arrasmith
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answered on Jan 22, 2024

In your situation, the key point is that the mistake with the check's date was unintentional, and you acted promptly to correct it by sending a new check. The IRS typically considers the date of the original payment attempt when assessing penalties for late payments. Since you attempted to pay... View More

2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
T. Augustus Claus
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answered on Jan 19, 2024

In Virginia, if your deceased spouse owed taxes to the state and you did not file joint taxes for the year in question, you are generally not personally responsible for the tax debt. However, the deceased person's estate may be responsible for settling any outstanding tax obligations. The... View More

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2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
James L. Arrasmith
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answered on Jan 22, 2024

In general, if you did not file jointly for the tax year in question, you are typically not responsible for your deceased spouse's individual tax debts to the state of Virginia. However, there are exceptions and complexities depending on the specifics of your situation, such as the nature of... View More

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2 Answers | Asked in Tax Law for Virginia on
Q: How can I get my tax documents from my previous tax preparer?

Hello. I'm trying to get my tax documents from the tax preparer I used the past couple years but she refuses to answer my emails or return my call after speaking with her secretary.

I don't owe her money. I think she's just being spiteful because I changed preparers. I live... View More

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, it's understandable that you need access to your tax documents quickly and are facing challenges with your previous tax preparer. Tax preparers are generally required to provide clients with copies of their documents upon request.

Firstly, consider sending a formal...
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1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: I'm starting a real estate development company focusing more on residential rentals. Which business structure is better?

I'm starting a real estate company focusing on residential rentals (single family, multifamily, apartments). Which business structure offers the best tax advantages?

T. Augustus Claus
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answered on Sep 29, 2023

LLCs and S Corporations are often considered advantageous for real estate ventures due to potential benefits like pass-through taxation and liability protection. You should consult a tax advisor to analyze which structure is most advantageous for your specific situation.

1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: i am from Virginia and have questions abuot Estates and Trusts.

is the value of a Trust ever properly counted in thevalue of the Estate when the person whi died is also the grantor of the TRust?

T. Augustus Claus
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answered on Sep 20, 2023

In Virginia, the inclusion of trust assets in a decedent's gross estate largely depends on the nature of the trust and the powers retained by the decedent. If the deceased was the grantor of a revocable trust, meaning they retained the ability to alter or revoke the trust during their... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Virginia on
Q: I am trying to figure out what licenses I need to start my woodworking business in VA

Do I need a sellers license to sell my projects I make? Do I need any business licenses? I can’t find anything on it. Please help

James L. Arrasmith
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answered on Mar 4, 2023

In Virginia, if you are operating a business, you may need to obtain a business license from your local city or county government. This is typically done at the city or county treasurer's office. The requirements for a business license may vary depending on the location and type of business.... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Last year(July 24, 2022) my father in law passed away. All of his possessions are in a trust including 6 $10,000 series

EE bonds that are > 30 years old. Since the bonds were paper they had to be mailed to Michigan to be redeemed which they were last October. The bonds have in the last few days been redeemed. The beneficiaries are my wife and her two sisters. How should the bonds be handled? Should they be... View More

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answered on Mar 4, 2023

First of all, I'm sorry for your loss. Regarding the series EE bonds, it's important to consider the terms of the trust and the instructions of the grantor, as well as any applicable state laws.

Assuming the trust doesn't provide specific instructions on how to handle the...
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1 Answer | Asked in Tax Law and Business Law for Virginia on
Q: Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

I've since filled the back taxes and paid the fees but reinstatement takes two weeks.

What is the procedure?

James L. Arrasmith
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answered on Mar 4, 2023

If you performed work for a client while your business was not in good standing, you may still be entitled to payment for the work you performed. However, the specific procedures and requirements for payment may depend on the terms of your contract with the client and any applicable state or local... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Looking for a lawyer to assist with TaxRise case where they took our money, did nothing and now we are making payments!!

We owed lots in taxes and spoke with TaxRise. They advised us to stop making our tax payments and instead we have been paying them. We found out a lien was placed on our home! After much discussion with TaxRise, they were not able to do anything with the Tax Fees or reduction of what was owed.... View More

James L. Arrasmith
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answered on Mar 4, 2023

You can search for tax attorneys in your area through online legal directories, such as Avvo or Martindale-Hubbell. When selecting a lawyer, it is important to look for someone with experience in tax law and a track record of successfully representing clients in cases similar to yours.

Once...
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1 Answer | Asked in Tax Law for Virginia on
Q: I have the county tax collector telling me that I have to pay the unpaid taxes for the company that I used to manage?

I was the manager for a year, but that shouldn’t make me responsible for their taxes. Is this legal?

Thomas H. Roberts
Thomas H. Roberts
answered on Aug 6, 2022

It depends on your level of responsibility for the failure to pay the money and the type of tax. For instance, if your company collected a county tax from others and then used those collected taxes for something else, you in a deep mess. I refer these cases to Guy C Crowgey, Esq. in Richmond,... View More

1 Answer | Asked in Divorce and Tax Law for Virginia on
Q: In Virginia I have been separated 3 years but no legal separation exists in state. Can we file single/head of household

We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 13, 2022

The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... View More

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Exemption code and title of deed transfer when selling to family so that you are not charged taxes

I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.

Shafeek Seddiq
Shafeek Seddiq
answered on Mar 25, 2022

I recommend you go see a real estate lawyer near you to explain how this can be done.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: I am the trustee of mother’s estate & beneficiary of her house. Upon death, can I transfer it to my son directly?

She has dementia. I want my son to have the house instead of me. Would he be able to inherit it at the stepped up value?

I was hoping I could just change the title from my mother’s name to his.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 2, 2022

The phrasing of your question is a bit confusing. An estate does not usually have a trustee, the personal representative of an estate is either an executor or an administrator. It is possible for a pour over will to automatically transfer assets into an existing trust, such that the trustee of... View More

1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: What is the inheritance order in Virginia when there is no will?

My mother inherited two vacant lots when a friend passed away. They were sold recently in a tax sale. A lady from a Recovery company contacted me saying that they would get a third , I would get a third and my nephew's would get a third to split three ways from the tax sale. Now my mother... View More

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 8, 2021

If a Virginia resident dies intestate, without a will, the state essentially writes a will for that person - the law of intestate succession. Virginia's law of intestate succession appears in Chapter 2 of Title 64.2 of the Code of Virginia, specifically Sections 200 and 201 describe the... View More

2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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