Lawyers, Answer Questions  & Get Points Log In
Tax Law Questions & Answers
1 Answer | Asked in Business Law and Tax Law for California on
Q: LLC in California owns a bar that closes. The LLC is delinquent on unsecured property taxes with the county.

Can the county go after members/owners of the LLC for payment of delinquent unsecured property tax?

Zaher Fallahi
Zaher Fallahi answered on May 25, 2020

Generally, if the LLC is kept separate from the members (no commingling), the LLC money has not been taken for personal use, etc., the members’ liability is limited to their capital in the LLC. Since there was a real property in the LLC’s name, it may have had a counsel, who would be in a much... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Oregon on
Q: I own property as joint tenants in common. There are 3 owners. One of the owners has a federal tax liens on the property

We are going to sell the property, the partners share of the proceeds will not cover the liens. Can the IRS take the rest out of the others portion or are they limited to the partners share with the liens

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Each Tenant In Common owns an undivided interest in the property. The IRS is the priority lien holder on the whole property. The Tax Lien does need to be examined for enforceability (SOL, Taxpayer's Name, Tax Debt Due, possible Tax Court Case, etc.). You all might try an Offer In... Read more »

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... Read 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

3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

Katlyn Ashley Reh
Katlyn Ashley Reh answered on May 23, 2020

If you and your husband are married and file your tax returns jointly, any refund received will be in both spouses names, and it should be divided equally.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Missouri on
Q: Does one pay estate tax on home inherited thru a transfer deed?

My husband and I have been married 5 years. After marriage, I moved into his home and we subsequently completed a transfer beneficiary deed on the home. If he were to pass, would I be obligated to pay some sort if estate tax on the home?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 23, 2020

There is no estate tax in Missouri.

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: does the trust have to get a s.s. number and pay taxes every year?
James Edward Berge
James Edward Berge answered on May 23, 2020

In general, if the trust is revocable, no. The trust is identified for tax reporting purposes by the Social Security Number of the trustmaker and all trust income if any is reported on the trustmaker’s annual 1040 individual income tax return.

And in general, if the trust is irrevocable,...
Read more »

View More Answers

2 Answers | Asked in Estate Planning and Tax Law for California on
Q: My mother wants to gift my wife and I her house. She has under 1 million in assets. What are the tax considerations
Jonathan Purcell
Jonathan Purcell answered on May 21, 2020

There is a requirement to report gifts more than $15,000 per year on form 709.

The tax will be levied only if at the time of death, the combination of all lifetime gifts and donor's decedent estate, exceeds the the gift and estate tax exemption, then in effect, currently $11.58...
Read more »

View More Answers

1 Answer | Asked in Contracts and Tax Law for Oregon on
Q: Was garnished by state asked accountant for help he agreed to help and led me on for 6 months and did nothing.

I am still trying to get this straightened out. I paid H&R Block to handle back tax filings. They never file my 2018 return. Don't these people have a fiduciary responsibility? I suffered a significant financial loss due to their inaction. Do I have a case to sue them?

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

First off H&R block are not accountants, they're return preparers regardless of their other certifications.

Second, they do have a responsibility but you're going to have file a lawsuit to get them to do much of anything once they've been paid. They do this all the time...
Read more »

1 Answer | Asked in Tax Law for South Carolina on
Q: Can I use my temp tag as a way to not pay property taxes on a new vehicle purchase in SC?

I Live in SC and want to buy a car in Ohio. My current vehicle's tags expire in June. If I buy the new care in May, Can I use the temp tags duration (30 days) and the states grace period (45 days) as a way to avoid paying property taxes on the new vehicle? SC only charges property taxes when... Read more »

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

They'll make an adjustment when you transfer from the old to the new and charge you the difference.

Good initiative but you're not the first to think of this and every state has setup procedures to stop it.

1 Answer | Asked in Tax Law for Maryland on
Q: I filed my federal taxes as "Married filing jointly" can I file my MD state taxes as "married filing separately"?

My spouse and I live in different states, so it would be easier to file state taxes separately.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 19, 2020

No, Maryland doe not allow you to file MFJ federal and MFS for state.

However you can list your spouse as a Part-Year / Non-resident.

See https://www.marylandtaxes.gov/individual/income/filing/index.php

Under "If Lived in Maryland Only Part of the Year" starts at Section 7.

1 Answer | Asked in Business Law, Real Estate Law, Tax Law and Landlord - Tenant for Georgia on
Q: Can I transfer a primary residence to my LLC and rent my house from myself, to pay R&M and Capital expenses through LLC?

I own a home in Alpharetta, GA, I believe transferring ownership from myself to an LLC I own would allow the LLC to expense mortgage payments and Repairs & Maintenance costs as a cost of maintaining the property for tenants. I also believe the LLC could capitalize costs related to capital... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Yes you technically can, but it doesn't work. You end up netting if it works out well and you have to defend it in an audit. It always ends up being net taxable when the IRS recalculates the FMV of the rental.

Once you run all the numbers it's comes out that you create tax out of...
Read more »

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Hi question about my tax

Hi,

I did my tax a month ago and filed by mail.

I am not sure if my taxes has been accepted.

I have my I140 and I need to submit it for immigration case.

My question is it okay to send my tax return as it is even though there is a chance it gets rejected or should I wait?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

From a tax perspective the return has been filed when it's placed in the mail. If something happens in the future with the IRS that will be an adjustment of that return. There's nothing that can unfile it.

I would also check with an immigration attorney to make sure the...
Read more »

1 Answer | Asked in Tax Law for California on
Q: If a married couple are filing jointly, can one of them file a portion of their income separately w/o the other knowing?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

No. You can't file joint and file a separate return.

Even if you file Married Separate you have to allocate income under the community property rules of California.

2 Answers | Asked in Tax Law for Kentucky on
Q: state taxes are not being taken out of my paycheck.

me and my fiancé were asked to move here from Florida to run a warehouse for the company we work with. we just recently found out that Kentucky has state taxes but our company has not been taking out state taxes on our paychecks. How do we fix that? Will that mean that we will owe money when we... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 18, 2020

Check with HR to see what address they have on file for you. You're likely still listed as living in FL so you haven't been setup as a KY resident for payroll. Another problem could be that you need to update your W-4 for state withholdings.

Your taxes are your responsibility. If...
Read more »

View More Answers

1 Answer | Asked in Contracts, Tax Law and Landlord - Tenant for Kentucky on
Q: Do my Leasing Office have a right to request a copy of my Income Tax if I live in Subsidized housing?

I live in Subsidized housing (rent based on income), recently the re-certification person requested a copy of my 2019 Federal Income tax in order for me to be re-certified. I feel that she was being nasty for no reason and unprofessional, simply because I was the ONLY one that turned in my tax... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

I would review the documents provided by the program under which your housing is subsidized. Just pull the documents directly and see what they say. Then if you feel that the landlord has requested too much you have documentation to backup your claim and contact information for the organization... Read more »

1 Answer | Asked in Tax Law and Business Law for Maryland on
Q: Schedule K-1 Taxes on Conversion from LLC to C-Corp on unvested shares?

I was a partner with an LLC startup & it converted to a C-Corp in Jan 2019. At that point, I had been vested 33% of my LLC units/C-Corp Shares. In Apr 2019, my total number of shares (vested + unvested) were reduced from 125k to 48k. In Jul 2019, I vested another 33% of the new amount (half of... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 17, 2020

There are several different types of restricted equity that can be provided to an employee. Each is taxed in a different way. To review your particular situation is going to require the documents for the equity grant and the conversation documents to be reviewed.

Without a thorough...
Read more »

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.

3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: Selling sister's condo, profit of $65K, she is a missionary in Peru how can she avoid taxes until return in few years?

Hi. My sister has been a missionary in Peru for four years, and plans to do this for several more years. I am in the process of helping her sell her Condo in NYC. She will have a net equity profit of approximately $65,000 at sale, she does want to use this to buy her next home when she returns... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 15, 2020

If the property has been her primary residence and she has not changed residency then the property would qualify for the personal residence exemption and the first $250k in gain would be exempt.

There needs to be an analysis of her residency status. Just because she's out of the...
Read more »

View More Answers

2 Answers | Asked in Immigration Law and Tax Law for New York on
Q: Wife and I file jointly but wife used her itin which made us ineligible for stimulus money she received ssn toda

Can we do anything to still get stimulus even though we already received the tax return

Drew Elesh
Drew Elesh answered on May 15, 2020

Amend your tax return and file it with IRS

View More Answers

2 Answers | Asked in Tax Law and Education Law for Michigan on
Q: Received a blank 1099 Q form with my name on it, signed by my deceased grandma as part of her will.

This was written back it 2017, it was withheld from me by my mother until just recently without my knowledge. I am unsure of what to do with this going forward, any advice would be greatly appreciated.

D. Mathew Blackburn
D. Mathew Blackburn answered on May 14, 2020

That doesn't make sense, the 1099-Q is a reporting form for a 529 or Coverdell ESA.

Was it completely blank or did it have an institution's contact information in the upper left corner? This would be a bank or other financial institution.

Distributions can be taxable if...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.