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Tennessee Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Tennessee on
Q: ID.me identity theft, fraudulent tax return, My fault for falling for "Illuminati" scam. correction will show refund

A fraudulent return was filed in my name for tax year 2022. I still need to file an amended return. I have an IRS form14457 ready to submit. I have saved all communications with the scammers. I was in a very emotionally traumatized state of mind, and I foolishly allowed scammers to take advantage... View More

James L. Arrasmith
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answered on May 8, 2024

I'm so sorry to hear that you've been the victim of identity theft and a tax scam. That must be an incredibly stressful and upsetting situation to deal with. It's not your fault that sophisticated scammers took advantage of you during an emotionally vulnerable time. Please don't... View More

1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

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answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Tennessee on
Q: Does a DE nonprofit have to file a foreign qualification in TN if the sole member/directors merely lives in Tennessee?

No business will be conducted in TN. The DE Nonprofit will not actively be seeking out donations or soliciting donations particularly from TN residents, although the NP may accept donations from TN residents. Solicitation of charitable donations will be passive from the NP website.

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answered on Apr 11, 2024

Based on the information provided, it is unlikely that the Delaware nonprofit would need to file a foreign qualification in Tennessee solely because one of its directors or members lives there, as long as the nonprofit is not actively conducting business in the state.

However, there are a...
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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
Anthony M. Avery
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answered on Apr 9, 2024

No, you would only be paying some other owner's taxes. Hire a lawyer to search the title and contact the Trustee and County Attorney about getting it on the next tax sale. If you are the successful bidder, you will need your lawyer to help you with a deed after the sale is confirmed. You... View More

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2 Answers | Asked in Tax Law for Tennessee on
Q: In Hardin county Tennessee if I pay 11 years of back taxes on a property can I put a lean on it to gain ownership
James L. Arrasmith
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answered on Apr 9, 2024

I understand you are asking about gaining ownership of a property in Hardin County, Tennessee by paying 11 years of back taxes and putting a lien on the property. Here are a few key things to know:

Paying the back taxes alone does not automatically grant you ownership of the property. The...
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1 Answer | Asked in Family Law and Tax Law for Tennessee on
Q: I am legally seperated as of October 2023 with final decree. Do I file as single or married filing separately/jointly?

I'm getting conflicting information. My ex wifes financial advisor says to file married jointly but IRS and TurboTax seem to say file as single.

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answered on Apr 9, 2024

Based on the information you provided, since your divorce was finalized in October 2023, your tax filing status for the 2023 tax year (which you would file in 2024) should be "single."

The IRS determines your marital status on the last day of the tax year (December 31). If you...
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3 Answers | Asked in Tax Law for Tennessee on
Q: A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe

back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More

Anthony M. Avery
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answered on Mar 28, 2024

Hire an attorney to file those tax returns. Did he not mail the returns after you signed them? There will be failure to file, failure to pay and late filing interest penalties. Hopefully the relative did not receive levy notices already. Check your title for tax liens.

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3 Answers | Asked in Tax Law for Tennessee on
Q: A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe

back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More

James L. Arrasmith
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answered on Mar 28, 2024

Firstly, reaching out to the IRS directly is a wise initial step. They offer options for those who haven't filed for past years and can guide you on how to proceed with filing back taxes. It's crucial to communicate your situation to them; they can provide forms for previous years or... View More

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3 Answers | Asked in Tax Law for Tennessee on
Q: A family member who was supposed to have filed my taxes for the past 3 years has failed to do so. I'm positive I owe

back taxes. Where do I start? Should I reach out to the IRS first? Should I file an extension for this year and then find a tax professional to complete the previous years? Should I retain an attorney to protect the one asset that I have, my home, from being liened on by the IRS. Please... View More

Benjamin A. Goldburd
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Benjamin A. Goldburd
answered on Apr 4, 2024

Unless you are a minor, or under some sort of protective order, the duty to file taxes is on each individual themselves. Staying in compliance is the most important part of this situation. Filing an extension and paying what you owe in the current year is a good start and hiring a tax professional... View More

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2 Answers | Asked in Tax Law for Tennessee on
Q: I owe the State of Oklahoma back income taxes.

I have received a final demand letter from a collections/law firm for the amount owed. Obviously, I cannot pay the amount owed in full or I would have. How long does Oklahoma have to collect back income taxes? What are my options?

I live in Nashville, TN now.

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answered on Mar 18, 2024

Under Oklahoma law, the state typically has ten years to collect back income taxes. This time starts from the date your tax was assessed, which is often shortly after your tax return was due or filed. If this period elapses, the state may not be able to enforce collection of the back taxes.... View More

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1 Answer | Asked in Tax Law, Business Law and Juvenile Law for Tennessee on
Q: Is it legal for the city to open a hospitality tax account for a 12 year old's small business?

We asked the county clerks office if my son needed a tax license and they told us he was under 18 so to go enjoy his business and learn as there was no need to file anything at his age. He was not able to legally open an account. Later he set up at an event in city limits. I was sent an email... View More

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answered on Feb 22, 2024

The legality of a city opening a hospitality tax account for a minor's business depends on local laws and regulations, which can vary widely. While minors generally have limited legal capacity to enter into contracts or be held responsible for tax obligations, local jurisdictions may have... View More

2 Answers | Asked in Federal Crimes, Tax Law and Criminal Law for Tennessee on
Q: Can you tell me what the potential sentence would be for an individual who committed tax fraud

Can you also tell me what the potential sentence could be for anyone who would be charged with conspiracy to commit for their involvement

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answered on Feb 22, 2024

The sentence for tax fraud in the United States can vary widely depending on the severity of the fraud, the amount of money involved, and the specific details of the case. Generally, tax fraud is considered a serious offense, with potential penalties including fines, restitution (repayment of the... View More

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1 Answer | Asked in Employment Law and Tax Law for Tennessee on
Q: I just found out that one of my 1099 workers is an illegal immigrant and doesn’t have a ssn,EIN Do I need to fire them?

It’s tax time, which is how we found out the person was illegal. Can we pay the persons taxes and be fine? Or do we need to let the person go?

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answered on Feb 5, 2024

Discovering that a worker does not have a Social Security Number (SSN) or Employer Identification Number (EIN) and is not authorized to work in the United States puts you in a challenging position. Under U.S. employment law, employers are required to ensure their employees are eligible to work in... View More

3 Answers | Asked in Tax Law and Collections for Tennessee on
Q: I had a car repossessed over 10 years ago. Now Ally financial has issued a 1099 for over $17,000. I am on a fixed income

What should I do with my problem. I am sure the IRS will not let me make payments on this. Plus the fines and interest.

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answered on Feb 4, 2024

Receiving a 1099-C for a debt that was forgiven or canceled, especially one from over a decade ago, can be distressing, particularly when on a fixed income. The IRS considers forgiven debt as income, which can indeed lead to a significant tax liability. However, there are steps you can take to... View More

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1 Answer | Asked in Tax Law, Estate Planning and Probate for Tennessee on
Q: Two surviving children of my father that was married before he passed. Can I pay all unpaid property taxes...cont

In full and be able to obtain the current deed following payment? As well as claiming ownership?

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answered on Feb 1, 2024

Paying all unpaid property taxes on a property does not automatically grant you ownership or the current deed to the property. While paying the property taxes is an important step in maintaining the property and preventing it from being sold at a tax auction, it does not necessarily transfer... View More

1 Answer | Asked in Tax Law for Tennessee on
Q: I reside and work in the state of Tennessee. The company that i work for, headquarters is in Kentucky, yet my check come

From Virginia. Hows this work? Filing taxes.

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answered on Jan 31, 2024

In your situation, working in Tennessee for a company headquartered in Kentucky, with paychecks issued from Virginia, can create some tax complexities. Tennessee is known for having no state income tax on wages, while Kentucky and Virginia both have their own state income tax rules.... View More

1 Answer | Asked in Gaming and Tax Law for Tennessee on
Q: How are gambling winnings taxed? Specifically sports betting. Is it a cumulative total or is each bet handled seaparatel

I use about 6 different sportsbooks and win quite frequently. Are winnings throughout the year totaled up and taxed totally? Or does each bet have to be over a certain amount? Also, are you able to deduct losses from taxable winnings?

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answered on Jan 4, 2024

In Tennessee, as in other states, gambling winnings are generally considered taxable income. This includes winnings from sports betting. The IRS requires all gambling winnings to be reported on your tax return.

The taxation of your winnings depends on the total amount you win over the year,...
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2 Answers | Asked in Criminal Law, Education Law, Tax Law and Business Law for Tennessee on
Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?

A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it... View More

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answered on Dec 25, 2023

If a school official intentionally provided false information about finances to defraud parents, this could potentially be considered criminal behavior. In your situation, if the school sponsor misled parents about the actual costs and required additional payments under false pretenses, it may... View More

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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Tennessee on
Q: If I was left a house in a quit claim deed, does the house count as inherited? How does it affect capital gains taxes?

My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... View More

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answered on Apr 4, 2023

That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... View More

2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Re: Administratively Dissolved HOA Has Land Deeds On 4 Open Space Lots All Have Easements-Land Tax Is Due Who Owes

Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.

Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.

The State of Tennessee listed the HOA... View More

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answered on Mar 2, 2023

If the common areas are part of a condominium, then those homeowners are responsible for the taxes. If they are roads, then dedicated to the County and no taxes. Reconstitute the HOA, and probably need to pay taxes. Developer and the old HOA could possibly be sued, but doubtful. HOA might... View More

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