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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: Can the reservation take taxes from your check without your authorization?

My husband is incarcerated and he had told them that they could take his taxes at the end of the year but for some reason they did it on his last month check.

James L. Arrasmith
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answered on May 14, 2024

If your husband authorized the reservation to take taxes at the end of the year, they should not take them from his monthly check without further authorization. Typically, taxes are deducted based on an agreement or legal requirement, and unauthorized deductions might violate those terms.... View More

1 Answer | Asked in Tax Law, Banking and Employment Law for Texas on
Q: I was on ADP when I noticed a stub that I never received for 11,000 is there a reason

Happened November last year also no W2 just want to know why someone would do that

James L. Arrasmith
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answered on May 3, 2024

Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.

Reasons for a payroll stub without receiving the funds:

1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without...
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1 Answer | Asked in Tax Law for Texas on
Q: Grandmother is receiving letters about owed taxes when she shouldn't owe any, what can we do?

She turns 90 this year, and has lived in the same house for over 20 years, but the tax office said no one was living in he house. She never moved from the house, and she was on a deferral for a long time before now, but she suddenly doesn't have it anymore.

James L. Arrasmith
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answered on May 1, 2024

First, it’s important to gather all documentation related to your grandmother's property and tax history, including any records of her tax deferral. It sounds like there may be a discrepancy or error in the tax office's records if they believe no one is living at the property.... View More

2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

James L. Arrasmith
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answered on Apr 27, 2024

The answer to your questions depends on the specific circumstances of your case and the laws of your jurisdiction. However, here are some general considerations:

1. Creditor claims on settlement funds:

In many cases, settlement funds from a personal injury claim are protected from...
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2 Answers | Asked in Personal Injury, Tax Law and Collections for Texas on
Q: I'm wondering if my creditors could get their hands on money i received from injury settlement?

I received injury settlement can my creditors take from my account from these monies?

Also do I have to pay tax on the settlement?

Tim Akpinar
Tim Akpinar
answered on May 2, 2024

It could depend on who the creditors represent. In terms of taxes, pain and suffering are generally not taxed. The other damages could be treated differently. This is something your attorney, or a tax attorney should advise on after seeing the breakdown of the types of damages your case involves.... View More

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1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: I own a piece of property overseas which was purchased by my mother and put in my name. Do I pay US taxes on the sale?

What tax if any am I obligated to pay to USA? I am a US citizen.

James L. Arrasmith
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answered on Apr 15, 2024

As a U.S. citizen, you are generally required to report and pay taxes on your worldwide income, including any capital gains from the sale of foreign property. However, the exact tax implications will depend on several factors:

1. Capital gains tax: If you sell the property for more than its...
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3 Answers | Asked in Real Estate Law, Tax Law, Collections and Landlord - Tenant for Texas on
Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?

Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.

James L. Arrasmith
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answered on Apr 11, 2024

In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:

1. Partition lawsuit: The paying heir can file a...
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1 Answer | Asked in Tax Law for Texas on
Q: Income Tax question, Regarding Inclusion of gains that have been deferred under section 1400Z-2 (a), QOF

May a taxpayer voluntarily elect to include part of the deferred capital gain without disposing of the QOF asset or other IRS defined inclusion event? For example, if the taxpayer deferred $100,000 of capital gains by purchasing $100,000 worth of QOF several years before, and then in a subsequent... View More

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answered on Apr 6, 2024

Based on the rules for Qualified Opportunity Funds (QOFs) under Internal Revenue Code section 1400Z-2, a taxpayer cannot voluntarily elect to include a portion of the deferred capital gain in their taxable income without a triggering event, such as disposing of the QOF investment or another... View More

1 Answer | Asked in Tax Law for Texas on
Q: S-Corp Tax question: On form 1120-S Schedule B line 12, regarding non shareholder debt cancellation, who's debt is it?

Form 1120-S, Schedule B, Other Information, Line 12: The question is: During the tax year, did the corporation have any non-shareholder debt that was canceled, was forgiven, or have the terms modified so as to reduce the principal amount of the debt?

Is the question referring to a debt a... View More

James L. Arrasmith
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answered on Apr 6, 2024

Line 12 on Schedule B of Form 1120-S is referring to a debt that the S corporation owed to a non-shareholder, and that debt was either canceled, forgiven, or had its terms modified to reduce the principal amount.

Here's a more detailed explanation:

1. The debt in question is a...
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1 Answer | Asked in Tax Law and Real Estate Law for Texas on
Q: How can I invest in my daughter without getting an unreasonable tax burden with my federal taxes?

My daughter will create LLC in Panama to manage her Airbnb property. She has dual citizenship. USA and Panama. I plan to establish LLC to pay her a salary to manage her property until she gets a footing and is earning enough from the properties to be self suffient.

James L. Arrasmith
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answered on Mar 30, 2024

There are a few options to consider for investing in your daughter's Panama LLC while minimizing your federal tax burden:

1. Gift tax exclusion: You can gift up to $18,000 per year (as of 2024) to your daughter without triggering any gift tax. If you're married, you and your...
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1 Answer | Asked in Tax Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What type of attorney do I need to sue my deceased sons landlord for letting my daughter go in and steal his assets

I'm in texas. My son lived 7 hours away. Landord allowed her to remove assets when I told him his father and I would be in following day. I explained I was next of kin.

James L. Arrasmith
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answered on Mar 26, 2024

In Texas, for a situation involving the mishandling of a deceased person's property, you may want to consult with an attorney experienced in estate law or probate law. These attorneys handle cases related to the distribution of a deceased individual's assets and can help navigate the... View More

1 Answer | Asked in Tax Law and Business Law for Texas on
Q: Do I have to charge sales tax for video editing services in Texas?

If I do a video edit for a client and they provide me all the footage do I need to charge them sales tax?

James L. Arrasmith
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answered on Mar 25, 2024

In Texas, not all services are subject to sales tax; however, there are specific services that do fall under taxable categories. While the state's general approach leans towards taxing tangible personal property, certain services, especially where tangible personal goods are not primarily... View More

2 Answers | Asked in Tax Law for Texas on
Q: Will i need to pay tax on money if i claim it from a deceased relatives offshore bank account
Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If you are referring to US Tax then it depends. If the deceased relative is a US citizen or resident then 1) There could be a tax on the inherited amount in the bank account which depends on Estate Tax rules (currently ($13.61 Million per individual). 2) You need to be sure that the deceased person... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Will i need to pay tax on money if i claim it from a deceased relatives offshore bank account
James L. Arrasmith
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answered on Mar 23, 2024

When you inherit money from a deceased relative's offshore bank account, tax implications can vary based on the laws of your country and the country where the money is held. Typically, inheritance itself may be taxed, and different countries have different rules regarding overseas assets.... View More

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1 Answer | Asked in Tax Law and Estate Planning for Texas on
Q: Can an heir who inherits everything share inheritance with siblings without having full tax liability?

Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?

For instance, if proceeds from sale of inherited property are put in Trust and... View More

James L. Arrasmith
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answered on Mar 16, 2024

Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More

2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

John Michael Frick
John Michael Frick
answered on Mar 4, 2024

As long as you are not operating a motor vehicle on a public road, you do not have to ask permission and can freely travel without a license. You can be a passenger in another person's vehicle, or can walk on the side of a public road anywhere you want to go. In that situation, police can... View More

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2 Answers | Asked in Contracts, Criminal Law, Tax Law and Traffic Tickets for Texas on
Q: Why do people allow cops to violate their rights to travel freely without being molested by police. I'm not driving

If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.

James L. Arrasmith
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answered on Mar 2, 2024

You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:

- The Supreme Court has...
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2 Answers | Asked in Tax Law for Texas on
Q: I opened two LLC’s and two bank accounts for the purpose of goods being sold. Partners were not completely honest with

agreements while using the LLC’s. They have disappeared and now I have no P& L statements to file taxes. They left me high and dry.

James L. Arrasmith
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answered on Feb 23, 2024

Facing a situation where partners have left you without the necessary documentation for tax filing can be daunting, especially when it involves LLCs. In Texas, as in most jurisdictions, LLCs are expected to maintain accurate records and file taxes based on their income, deductions, and credits.... View More

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2 Answers | Asked in Tax Law for Texas on
Q: I opened two LLC’s and two bank accounts for the purpose of goods being sold. Partners were not completely honest with

agreements while using the LLC’s. They have disappeared and now I have no P& L statements to file taxes. They left me high and dry.

John Michael Frick
John Michael Frick
answered on Feb 23, 2024

In addition to what Mr. Arrasmith suggests, a practical solution would be to get an accounting software program like Quickbooks and download all of your LLC's banking transactions directly from your bank into the software. You can then categorize each banking transaction using the software.... View More

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1 Answer | Asked in Immigration Law, Tax Law and Employment Law for Texas on
Q: I am on H1b, w2 of 2023 W2 reflects only $18,560 due to maternity, what documents are essential to explain the immigrati

- Arrived in the United States on a H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an unpaid maternity leave... View More

James L. Arrasmith
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answered on Feb 22, 2024

The discrepancy between your 2023 W2 earnings and the Labor Condition Application (LCA) wage could potentially raise questions regarding your H1-B status, as H1-B visa regulations require that visa holders are paid at least the wage specified in the LCA. However, your situation involves legitimate... View More

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