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Wisconsin Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Wisconsin on
Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

James L. Arrasmith
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answered on Mar 28, 2024

If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If this is viable Not-For-Proft (or Non-Profit as some refer) then as long as they are within the bounds of non taxable gifts to their recipients. If the recipients are low income and qualify under the “NFP” charitable purpose then the donor would have a charitable deduction and the recipient a... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I am a nine month employee in a school district in Wisconsin. I receive an insurance buyout benefit because I do not use

Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More

James L. Arrasmith
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answered on Sep 14, 2023

If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More

1 Answer | Asked in Tax Law for Wisconsin on
Q: I was wondering if I need to take an old employer to court if I had applied to work for them and during tax season

they did not provide me a w2 and instead sent me a 1099 NEC, which I researched and that form is an independent contractor or self-employed but I never verbally agree or have it in written contract paper that I was a self-employed or independent contractor and they never provided me a w9 form. So... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you believe that you were misclassified as an independent contractor and should have been classified as an employee, you should try to resolve the issue with your employer first. You can request a W-2 from your employer or provide them with your Social Security number to ensure that they report... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... View More

Thomas B. Burton
Thomas B. Burton
answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... View More

1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
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David N. Iancu
answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

1 Answer | Asked in Tax Law and International Law for Wisconsin on
Q: How do I pay custom duty?

I ordered a scooter on eBay from China for $25.99. I also ordered a charger which was $5.82 and a ring which was around $5 (they were all separate orders). I did my research and I found that it is most likely that I will not have to pay customs duty. However, in case I am wrong, I would like to... View More

David Luther Woodward
David Luther Woodward
answered on May 24, 2020

The delivery service will collect customs duty from you if it is due. The Delivery Service will probably be the United States Postal Service

1 Answer | Asked in Tax Law for Wisconsin on
Q: We had our fed. tax return e-filed march 5th and are due a refund which we have not gotten yet.

The online site says it is "still" processing. From what I have read when it says this "STILL" that means we need our Identity verified and should have gotten a 5071c letter. We have not received one. It's been close to 60 days since we e-filed with direct deposit.... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 1, 2020

Unfortunately a lot of IRS processes are slower than usual due to the current situation. There really is not anyone to contact at this time. IRS employees are slowly coming back into and doing more work from home but it is going to take time. Once the customer service lines are back up and... View More

2 Answers | Asked in Social Security and Tax Law for Wisconsin on
Q: How to file taxes using 2 different socials the same year?

My husband overstayed his visa, he was originally using a fake social. I told him to use his real social. He got a new job and put down his real social in November. Now, we’re wondering how to go about filing our taxes together jointly when he used two different socials in the same year. Any... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 30, 2020

People who create more than one SSN during their working lives are probably unaware that doing so hurts the person--because the contributions are split between the several different accounts--and they can only use one account to draw SS on later. In this case I suggest that your husband use his... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Wisconsin on
Q: Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

A collection company has filed 1099 C or cancellation of debt forms with the IRS on past due debts they claim are mine. They have never taken legal action against me, I talked with them once after statute of limitations expired, I have never acknowledged owing debt, I have never offered any... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2020

Challenge them on your credit report as fraudulent and consult a debtors rights attorney about suing them.

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2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 24, 2019

calculator.com

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1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."

In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay...
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2 Answers | Asked in Tax Law for Wisconsin on
Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

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

The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not... View More

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2 Answers | Asked in Tax Law and Probate for Wisconsin on
Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?
Thomas B. Burton
Thomas B. Burton
answered on Mar 27, 2019

You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... View More

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1 Answer | Asked in Tax Law for Wisconsin on
Q: Who do I contact to help me with a issue involving IRS And HR Block

For 2016 taxes my mother and I had HR Block do our taxes. They had my mother claim my daughter and I because I did not make enough. And they told us it would be a better income. We made sure we got all the extra coverage for if we got audited. Which we did. We all fought with the IRS trying to... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 21, 2018

I am not clear on your question. If you are asking if HR Block has to pay you the refund that they told your mother she was going to get, from what I am familiar with from some of my clients, that is not included in the audit coverage. You would need to read what they gave you to be sure.... View More

1 Answer | Asked in Tax Law and Child Support for Wisconsin on
Q: I pay 217 biweekly for child support and now have another garnishment on my wages how much can they with hold?

i bring home about 720 biweekly after taxes and cjild support

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 13, 2018

If the other garnishment is for federal taxes then you may be eligible to have the amount reduced or have the garnishment stopped completely. It is impossible to tell without doing a financial analysis. Most of us offer a free consultation and can let you know your options.

If

1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I live with stepson. He pays me to care for him. He still takes out medicare tax and FICA Tax. As a parent should he?

His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... View More

Eric  Day
Eric Day
answered on May 21, 2018

If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not... View More

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