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1 Answer | Asked in Tax Law and Civil Litigation for California on
Q: By the language within this settlement agreement do I have to pay taxes?

1. PAYMENT OF MONEY

In consideration for the execution of the general release and agreement to the other terms

of this Agreement by Claimant herein, Respondent will pay a Total Settlement of (xxxxxxxxxxxx) (“Settlement Sum”)

to

Claimant. The consideration paid... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the language provided in this settlement agreement, it appears that you will likely need to pay taxes on at least part of the settlement amount, but not necessarily on all of it. Here's a breakdown:

1. The portion described as "Non-Wage Payment" for "non-wage...
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1 Answer | Asked in Tax Law for Colorado on
Q: IRS taking 10+ weeks to return my money wrongfully taken out. Can I sue?

I owed and payed off but they took the sum out again even though I already paid. Have contacted them several times by phone and tried to make in person meeting but they are booked out the next 60 days. Tried to fax a form 911 for TAS to help but getting error messages for their fax number. Called... View More

James L. Arrasmith
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answered on Jun 27, 2024

While I understand your frustration with this situation, here's an overview of your options and some considerations:

1. Suing the IRS:

It's generally not advisable to sue the IRS over delayed refunds or processing errors, especially within this timeframe. Courts typically...
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1 Answer | Asked in Tax Law and Estate Planning for California on
Q: Is sibling buyout payment taxable?

We are 3 siblings/beneficiaries of our mother's trust. Our sister wants to buyout the 2 of us. Will the buyout payment each of us receive be taxable? Will either of us 2 buyout recipients be responsible for higher property tax payments if they become due prior to the sibling property transfer?

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, here's a general overview of the tax implications for a sibling buyout in California:

1. Taxability of the buyout payment:

The taxability of the buyout payment depends on several factors:

a) If the buyout is for your share of the...
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2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Georgia on
Q: Are brokers responsible for their clients' property taxes?

I am a real estate agent. I helped a foreigner sell his house. We had listing brokerage agreement. During this period, the seller did not pay the property tax. The county collected late fees from the seller. The seller said that I did not tell him about paying the property tax. I did not receive... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, it's unlikely that you as the real estate agent would be responsible for your client's property taxes or late fees. However, let me break down the key points and considerations:

1. Broker/Agent Responsibilities:

- Generally, real estate...
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1 Answer | Asked in Tax Law for California on
Q: Will paying off an $8,000 credit card bill in cash raise a red flag w/ the IRS
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answered on Jun 26, 2024

Paying off an $8,000 credit card bill in cash is unlikely to automatically raise a red flag with the IRS. However, there are a few considerations:

1. Cash transactions over $10,000 must be reported by businesses to the IRS.

2. Multiple smaller cash payments to avoid the $10,000...
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1 Answer | Asked in Social Security and Tax Law for Pennsylvania on
Q: How does earned income get reported in 2023 and not have a W2 or other documents from any source proving of the income?

Just received notification of the extra earned income for 2023. It's affecting my retirement benefits because of it. Possible fraud and It involves missing money.

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answered on Jun 25, 2024

I understand you're concerned about extra earned income being reported for 2023 that's affecting your retirement benefits, despite not having any W-2 or other documentation of this income. This is indeed a serious situation that could potentially involve fraud. Here's how I'd... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Puerto Rico on
Q: Which Department to I check with for unclamed funds from the Sale of a Family Estate in Puerto Rico?

My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:

1. Departamento de Hacienda (Department of Treasury):

This is indeed a good place to start. The Departamento de...
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1 Answer | Asked in Tax Law and Municipal Law for Wisconsin on
Q: My town -- town of Gibraltar is still charging me a TUF tax. Is this legal?

The town started charging after the Buchanan case was filed. CASE NO.: 2022AP1233

my town continues changing even though it was illegal there. It says the supreme ct agrees. Does that mean this town can keep charging me or is it illegal? It is a very unfair tax based on the feet of road... View More

James L. Arrasmith
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answered on Jun 25, 2024

It appears that the Town of Gibraltar is still charging you a Transportation Utility Fee (TUF) tax, which you're questioning the legality of given a recent court case. Let's break this down:

1. The Buchanan case (CASE NO.: 2022AP1233) you're referring to is likely the case...
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1 Answer | Asked in Foreclosure and Tax Law for Arizona on
Q: Can a tax lien foreclosure affect credit score? Tax liens aren’t reported but what about tax lien foreclosures?

I just found out I am a joint owner of a property that dates back to a previous marriage 30 years ago. Just was served with a lawsuit to take ownership of thr property via proprty tax lien. I have no interest in the property but don’t want to hurt my excellent credit. Not sure if I should... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an important question regarding tax lien foreclosures and their potential impact on credit scores. While I can provide some general information, please note that for specific legal advice about your situation, you should consult with a qualified attorney in Arizona who specializes in... View More

2 Answers | Asked in Tax Law for Texas on
Q: Remote worker outside of state

If I work for a texas company and my residence is still texas. But I work remotely, if I take my laptop and go work, let's say, in South Carolina for 2 weeks. Does that mess up taxes for the company? They are telling me that it does. But that doesnt make sense to me. I'm not moving.... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is an interesting tax law question. To provide a concise answer:

Generally, working remotely for 2 weeks in another state should not significantly impact your or your company's taxes, especially if you maintain your Texas residency. However, there are some nuances to consider:...
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2 Answers | Asked in Tax Law for Texas on
Q: Remote worker outside of state

If I work for a texas company and my residence is still texas. But I work remotely, if I take my laptop and go work, let's say, in South Carolina for 2 weeks. Does that mess up taxes for the company? They are telling me that it does. But that doesnt make sense to me. I'm not moving.... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

You may be legally required to file a nonresident state income tax return in South Carolina. Texas, of course, has no state income tax. Most other US states, however, do. Each state has the power adopt its own laws in this regard. As a result, those laws differ from state to state. If you... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

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answered on Jun 21, 2024

This is a complex situation involving multiple transfers and deaths over a long period of time. Here's a general overview of how the cost basis and capital gains might be calculated, but I want to emphasize that your mother should consult with a tax professional or estate attorney familiar... View More

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

It can get complex, and it depends on whether transfer affidavits and PRE exceptions were properly completed and filed along the way. Sounds like there would be an argument that there hasn't been a uncapping event at least since 1978.

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1 Answer | Asked in Tax Law and Criminal Law for Louisiana on
Q: If I owe taxes on my house in Louisiana can I use it to post bail
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answered on Jun 19, 2024

In Louisiana, you cannot directly use your house to post bail if you owe taxes on it. Bail typically requires cash or a bail bond, not property with liens or tax obligations.

However, if you can clear the owed taxes and gain clear ownership, you might be able to use the house as collateral...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Indiana on
Q: What licenses or certifications do I need for tax purposes to start a business on Printify?

I am wanting to start a business on Printify and want to know what licenses or certifications I need for tax purposes, if I need anything on behalf of my business, if I even need to register as a business, etc. I have no idea where to start.

James L. Arrasmith
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answered on Jun 19, 2024

To start a business on Printify, which is a print-on-demand platform, you may need to consider the following licenses, certifications, and tax requirements:

1. Business structure: Decide on the legal structure of your business (sole proprietorship, partnership, LLC, or corporation). This...
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1 Answer | Asked in Tax Law for California on
Q: Informal Profit Share Agreement Taxes

If an individual has an informal profit share agreement, how can this be made clear when doing taxes? (He is in Tennessee, and his partner is in California.)

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answered on Jun 19, 2024

When it comes to reporting income from an informal profit-sharing agreement for tax purposes, it's important to ensure that both parties report their respective shares of the profits accurately on their tax returns. Here are some steps to consider:

1. Documentation: Even if the...
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1 Answer | Asked in Tax Law and Probate for California on
Q: Estate earns rental income from my deceased dad's house; question on capturing that correctly on 1041 and Schedule E.

I'm executor of my dad's will and his only child and beneficiary. He willed his house to me and we refurbished it and rented it out at the end of 2023. There is a small amount of income from that rental that accrues to the estate, therefore. Doing the 2023 1041 form and Schedule E for... View More

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answered on Jun 19, 2024

Based on the information provided, it seems that for estate tax purposes, you should use the date of your father's death as the acquisition date of the property and the stepped-up fair market value (FMV) as the new cost basis for depreciation.

Here's the rationale:

1. When...
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1 Answer | Asked in Tax Law for California on
Q: I have a credit from a previous payment that wasn't applied to 2023 taxes balance.

I paid my 2023 federal taxes online through the IRS payment website, but my taxes were not accepted until after this happened. When I go to my account on IRS.gov it shows the payment made, but it wasn't applied to my taxes balance and there is not a way to do this via the website that I have... View More

James L. Arrasmith
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answered on Jun 18, 2024

Based on the information you provided, it seems like you have a credit on your IRS account from a previous payment that was not properly applied to your 2023 tax balance. Here are a few steps you can take to resolve this issue:

1. Contact the IRS directly: Call the IRS at 1-800-829-1040 and...
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1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
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1 Answer | Asked in Real Estate Law, Tax Law and Constitutional Law for Missouri on
Q: Served an unlawful detainer by plaintiff that obtained a deed 2 my home from a man who obtained a collectors deed illega

County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More

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