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Texas Tax Law Questions & Answers
2 Answers | Asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas on
Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

James Clifton
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James Clifton
answered on Sep 30, 2024

If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc.... View More

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2 Answers | Asked in Tax Law for Texas on
Q: I live in Van Zandt county tx, I want to bury my dead loved one on my property. Does that exempt me from property taxes?
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. Only property EXCLUSIVELY used for the burial of human remains is exempt from property tax. You can replat your land to plat off a small family cemetery, and that family cemetery will be exempt from property tax. But not the rest of your land.

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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: adversely impacted by Texas bill SB 1801. The County Appraisal District is attempting to collect taxes for 5 years back

can we invoke "ex post facto" doctrine in this case

John Cucci Jr.
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answered on Sep 6, 2024

My understanding of the Bill you mentioned, is an additional part of the Tax Exemption law in Texas. The Bill allows the Tax Appraiser in each county to verify the property owner's exemption status every 5 years. That verification may be done in portions, and broken up into multiple years of... View More

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2 Answers | Asked in Tax Law and Business Law for Texas on
Q: If I transfer ownership of a business to my father, what are my options and responsibilities given there's back taxes?

My father runs a cleaning (franchise) business that is under my name, but I am not actively involved and I do not receive proceeds. It opened in late 2017 and didn't see any revenue until 2018 when it first acquired contracts. I'm looking to transfer ownership to my father for the... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

You can transfer 100% of your interest in the business to your father. You will be legally responsible for all taxes incurred by the business prior to the effective date of your transfer of your ownership interest.

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1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... 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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1 Answer | Asked in Tax Law for Texas on
Q: Sales tax in Vehicle lease in TX

If I lease a vehicle in Texas, and then buy it out, either at the lease end or before, when and how much tax do I need to pay?

James L. Arrasmith
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answered on Jun 13, 2024

When you lease a vehicle in Texas, you pay sales tax on the monthly lease payments, not the full value of the car upfront. This tax is based on the payment amount and is usually included in your monthly lease bill. If you decide to buy out the vehicle before the lease ends or at the end of the... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

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?

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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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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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

James L. Arrasmith
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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

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