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Texas Tax Law Questions & Answers
1 Answer | Asked in Employment Law, Tax Law and Bankruptcy for Texas on
Q: If a state employee knowing filed personal income tax returns under the wrong filing status can they be terminated
Timothy Denison
Timothy Denison answered on Dec 13, 2019

Probably not but they will have to amend the return.

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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1 Answer | Asked in Tax Law for Texas on
Q: My father owns property that he uses as a church and has been paying property taxes. Can he be tax exempt?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Depending on circumstances of the property he may be tax exempt; however, he must take spec ific steps to become so, for example filing the correct paperwork, etc.

2 Answers | Asked in Tax Law for Texas on
Q: Why the IRS is only coming after me for 2013 back taxes?

At the end of 2013 I went to prison for 2 years, It was not til 2015 or so I started recieving letters from the IRS saying I owed the money. My question is, why are they only coming after me and not my ex-wife also for a joint return? I also had a help getting into a CNC or is it NCN, but I want to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2019

Since you are dealing with the IRS, the best and fastest way to "get this off your to do list" is to pay the taxes, penalties and interest due for the year 2013. If not, the IRS will keep hounding you for the next 4 years, i.e., until 2023--because that is how far they can go back--unless it is... Read more »

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2 Answers | Asked in Tax Law, Estate Planning and Real Estate Law for Texas on
Q: What are the tax implications of gifting a home to your children?

My parents are going to gift one of their properties to me and my adult disabled child. There will be a substantial capital gains tax on this property. How do we go about transferring ownership without a realtor? When and how will this capital gains tax be due?

Nina Whitehurst
Nina Whitehurst answered on Nov 5, 2019

Your parents might incur a gift tax for the amount of the gift over $60,000 ($15,000 x2 recipients x 2 grantors), but it is not likely because together they have an approximately $22 million lifetime exemption.

The two of you (gift recipients) will inherit your parents' basis in the...
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1 Answer | Asked in Tax Law for Texas on
Q: My wife filed for divorce after sudden separation and filed 2018 federal taxes without my consent costing me 2000$
D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 24, 2019

Sorry to hear that.

Did you have a question?

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: can employer deduct employees pay to pay employer payroll taxes? Employer is already deducting employees payroll taxes
Linda Simmons Campbell
Linda Simmons Campbell answered on Oct 3, 2019

If I understand your question correctly you are asking if the employer can deduct both the employee's share of payroll taxes and the employer's share of payroll taxes. No, the employer has to pay their share. The only taxes deducted from your paycheck should be the taxes you are responsible for... Read more »

1 Answer | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: What is the best option for a non-resident to form a legal entity with a resident partner? A partnership LLC or C-Corp?

Asking in terms of taxation as well as any other legal issues.

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 3, 2019

Best is a relative term. Because it's TX state tax is irrelevant. We're not concerned with the state claiming residency against the non-resident owner's will.

The next step is assessing liability and compliance. Generally that's an LLC. But it's heavily dependent on the facts and...
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1 Answer | Asked in Tax Law for Texas on
Q: Wouldnt the proposed VAT violate the direct tax clause, 16th amendment, interstate commerce clause, and tenth amendment?

It's insane that the platforms of major candidates are blatantly unconstitutional and nobody knows or cares. The Federal government doesn't have the authority to impose a federal sales tax, and it's not just a "customs tax" at the point of production

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

This is not a legal question; it is a questionable quasi-political argument, the response to which is shown below:

The federal, state and local governments have inherent taxing authority (think Boston Tea Party). Why? Because they are governments--and because all governments have always...
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1 Answer | Asked in Tax Law for Texas on
Q: Can The reason for protest from over market value to unequal & uniform before the arb hearing & after protest deadline?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 16, 2019

https://www.grammarly.com/blog/mistake-of-the-month-sentence-fragments/

Please read the above and repost your question.

1 Answer | Asked in Tax Law and Traffic Tickets for Texas on
Q: What happens if i didn’t tell the Tax office that i got a ticket on the day i was getting my registration renewed?

I passed my state inspection and was on my way to the tax office when i was stopped by the police officer.

Grant St Julian III
Grant St Julian III answered on Aug 15, 2019

You will not be entitled to the compliance fee dismissal on the citation since you did not pay the late fee (of about $8) for the registration.

2 Answers | Asked in Immigration Law and Tax Law for Texas on
Q: Does a green card holder have to file taxes even if they make below the poverty threshold?

In this scenario, a U.S. citizen taxpayer would not be required to file because they earn less than the threshold stipulated by IRS.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

The last I heard, in America everyone who has any income from any source is required to file an income tax return--regardless of the amount of income. Why? Because if the IRS left it to taxpayers to decide whether they had earned enough to have to file a return, no one would ever file.

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Texas on
Q: I discovered after mom's death that she hadn't filed my taxes in 22yrs and I haven't filed 2018. What am I obliged to do

I'm 63 + living on a small pension, disability and retirement savings. I've always sent my mom(CPA) all my tax stuff. During this time the IRS has only contacted me 2x re fraudulent returns + gave me a pin#. She must've felt I'd owe $0. Can I file the last 6yrs taxes only(incl 2018)? My 2018... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Aug 12, 2019

You need to contact a CPA as soon as possible and discuss this with them. The forum is for general answers and your situation requires a private consultation with an expert.

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1 Answer | Asked in Tax Law for Texas on
Q: Tax debt deceased estranged spouse

I'm 62, draw SSI. My estranged husband died in nursing home. No assets. How do I find out if he owed taxes? I'm not given power of atty, his sister is. She won't give me any info.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Unless you and your estranged husband filed joint tax returns there is no way for you to "find out whether he owed taxes." BTW, the POA he gave to his sister died the same day he did. So if the two of you own any property together now is the time for you to get going and hire a probate lawyer.

1 Answer | Asked in Contracts and Tax Law for Texas on
Q: I have property tax that was held out of the sell of my home and should not of bren.i am exempt of taxes. The title co.k

Title company kept this money.2300.00 do i take to civil court

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 30, 2019

The county will have procedures for challenging an assessment. You'll have to take up the case with them and you likely have no recourse against the title company as long as they were abiding by a lawful lien.

I would suggest hiring a professional as tax matters are complex and nuanced.

1 Answer | Asked in Tax Law and Family Law for Texas on
Q: What is the tax implication for declaring common law marriage in back date in Texas, consider the following scenario?

I need to know with absolute certainty, supported by some legal precedents that, If I declare by filling a declaration of informal marriage with the county office as per the Texas Common Law Marriage some time in 2019 that we have been common law married since January of 2017 then, are we obligated... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 29, 2019

For this level of inquiry you should hire a professional so that you have attorney client privilege.

Complying with your request exceeds that allowable by an attorney without potentially creating an attorney client relationship and is not appropriate for this forum.

1 Answer | Asked in Tax Law for Texas on
Q: If I declare in 2019 that we have been married under common law in Texas since November 2018, do we have to amend taxes?

If I declare and register with the county office that we have been married as per Common Law Marriage in Texas since November 2018, Am I required to file an amended tax return for the year 2018 as both of us had filed an individual tax return for the year 2018 or could we leave things as it is? an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

Despite my not being licensed in Texas and not having researched this question under Texas law I am still prepared to tell you that changing your status as a taxpayer in 2019 and then trying to amend your 2018 tax return will not work. Why? Because you were not entitled to claim common law marriage... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: My dad had a mobile home in NY that he voluntarily surrendered in 2014. My dad passed away on 5/25/19.

We just received an audit letter stating they need to pay over $4500 on that surrender. I am assuming the loan company for the mobile home has sent something to the IRS (not sure what). My mom was not on the original loan, only my dad. Is my mom responsible or can she file as a non- obligated... Read more »

Andrew M Steiger
Andrew M Steiger answered on Jul 22, 2019

You should consider showing the IRS notice letter to a tax attorney who offers a free consultation. If the notice relates to cancellation of debt income related to surrendering the home and mortgage to the lender, then you’ll need to consider whether they filed a return for that year, what they... Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Could my spouse claim the earned income tax credit if are married and filing separately under the following scenario?

if myself and my spouse didn’t live together for the last six months of the year (we got married in November of 2018), if she chooses head of household filing status, Could she be able to claim the Earned Income Credit (EIC)?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

Perhaps. However, the earned income credit does not necessarily apply to married taxpayers just because they lived apart for half the tax year. There are restrictions based on the amount of earnings.

1 Answer | Asked in Tax Law for Texas on
Q: My mother in law passed away in October 2018 and she had custody of my kids..when she passed my sister in law took the

Kids into her care and actually claimed them on her income tax for last year but my mom in law had them last year..isn't that tax fraud

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2019

Could be. Claiming an exemption for a person who does not reside in the home for more than half of the year is a violation of the IRS tax code.

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