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Texas Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Texas on
Q: To file Form 1041, the Trust needs to have gross income of $600 or more and any taxable income for the tax year.

If all I have $67 and $134 in Total Ordinary dividends in two separate Trusts, am I required to file? Are these considered taxable income?

Louis T. Wierenga
Louis T. Wierenga
answered on Mar 23, 2023

If there are no other elements to the returns, you should not need to file.

1 Answer | Asked in Tax Law for Texas on
Q: I have a question about taxes that I filed for 2021 year.

In 2020 I contributed to trad IRA $6000 as after tax money and bought some ETF with this. I used form 8606 to report them as nondeductible contributions. In 2021 I sold those ETF on tad IRA and got $5986. So it was loss of $14. Now I added additional $6000 as after tax money to trad IRA. So in... Read more »

Louis T. Wierenga
Louis T. Wierenga
answered on Mar 23, 2023

You need to enter your basis (amount your contributed that was nondeductible). Based on what you shared, the result should be no taxable distribution.

1 Answer | Asked in Adoption, Child Custody, Family Law and Tax Law for Texas on
Q: Are there grandparent rights in Texas? If not what could I do to get custody of my granddaughter?

My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 14, 2023

Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.

1 Answer | Asked in Copyright, Tax Law, Business Formation and Business Law for Texas on
Q: Where can i file the cheapest LLC in Texas?
John Michael Frick
John Michael Frick
answered on Mar 12, 2023

All limited liability companies are registered with the Texas Secretary of State. The filing fee is the same statewide.

1 Answer | Asked in Tax Law for Texas on
Q: Is it possible to remove my name from estate as heir in Texas?

It’s my deceased grandfather homes, my father is deceased as well & I’m next to kin, including multiple other family members. Taxes are owed and county is trying to serve me and other family members for delinquent taxes.

I never had a relationship with my father or his dad, but now... Read more »

John Michael Frick
John Michael Frick
answered on Feb 24, 2023

The tax authorities are required to name you as a potential heir.

You can disclaim your inheritance rights and won’t be held personally responsible for any unpaid taxes.

The tax authorities will foreclose on their tax lien against the property and sell it to satisfy the unpaid...
Read more »

1 Answer | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Is it legal for irs to take my taxes for my kids dads debt? Never married.

I claimed him on my taxes or may have filed jointly back in 2017. We have never been married. Last year I was supposed to get 8913 back and irs took all of it. They said that he owed a debt from 2017, the only year I ever claimed him. This year they took 6271 because my last year taxes didn’t... Read more »

John Michael Frick
John Michael Frick
answered on Feb 18, 2023

You can’t file jointly if you were never married.

Because you filed jointly, the IRS likely believes you are married pursuant to common law in Texas.

Ordinarily, the IRS cannot retain one taxpayer’s tax refund to offset the debt of another taxpayer.

1 Answer | Asked in Business Law and Tax Law for Texas on
Q: What can I do if a business refuses to give me a receipt for a service I didn’t ask for or can’t prove they did.

I filed my taxes with Turbo Tax last year and their third party vendor hasn’t delivered my tax refund and is saying they need to deduct fees for delivery. Im asking for a receipt for the fees and they are refusing.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

This sound suspicious.

Even when you use TurboTax to file your federal income tax return, the IRS directly sends your tax return to you. You can request it direct deposit it into your bank account or mail you a check.

I know of no third party vendor ever involved in this process.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: trying to see who owns a property that will be going to tax sale in Rusk County and wanted to make an offer on it.

The property has back taxes since 2010 and is in Rusk county tx. I want to contact owners but can't locate them.

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

I would check the Rusk County Appraisal District records and the Rusk County Deed Records.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: How does LLC registered as partnership write off car as business expense.

I have an LLC registered as partnership. Do I need to run payroll to pay the members? How to claim business expenses? Can I write off business car purchase as an expense?

John Michael Frick
John Michael Frick
answered on Dec 15, 2022

Yes, as long as the vehicle is used for business purposes. It is highly advisable that title is taken in the name of the LLC and is covered by a commercial motor vehicle liability insurance policy rather than a personal one

3 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: I bought a home in 2020. Had it professionally appraised at 65k.The county is taxing me on 106k without even seeing home

Now my homeowners ins. has gone up 183% based on the arbitrary (imo) valuation. I cannot afford it and will have to sell my home. I was told I cannot protest my property taxes because the home was a foreclosure. I am 63, single, and live on disability. Doesn't a professional appraisal carry... Read more »

John Michael Frick
John Michael Frick
answered on Dec 1, 2022

Yes, a recent unbiased professional appraisal carries considerable weight in a tax protest. In most instances, the appraisal review board will adopt the professional appraiser's valuation in such circumstances.

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1 Answer | Asked in Tax Law for Texas on
Q: Is there a way I can check on my business tax return from last year?

The person who was in charge of doing our taxes last year quit and I can't seem to find out whether if they filed for 2021 or not. Is there a way to check if my business filed taxes for 2021?

Carli Jo Aelker
Carli Jo Aelker
answered on Dec 1, 2022

You can go onto your IRS portal and pull the account transcript for the business. This will tell you if a return is on file. If you are unable to do it that way, you can call the IRS directly. Just be prepared for long wait times.

The easiest way is contacting the firm you worked with or...
Read more »

1 Answer | Asked in Contracts, Employment Law, Tax Law and Landlord - Tenant for Texas on
Q: Employment offer letter states housing provided at (blank) property. No details, what is or isn’t allowed?

Housing provided = 2 bed, one couch bed rv camper trailer. Details of said housing were not outlined in employment contract/offer letter. We are now purchasing a mobile home (larger/more permanent adequate). Company owner is allowing placement on the property. We do not pay rent, but portion of... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Nov 30, 2022

I would need to reach the contract to determine if there is a breach.

1 Answer | Asked in Immigration Law and Tax Law for Texas on
Q: I have green card and I own a house in TX, value of 1 m $. Do my inherits will pay inheritance tax? how much?
John Michael Frick
John Michael Frick
answered on Nov 30, 2022

Texas has no inheritance tax and is highly unlikely to adopt one.

Our federal government has vacillated between having no estate tax to imposing an estate tax with an exemption. This is not imposed on an asset by asset basis, but rather on the amount of your entire estate.

In...
Read more »

1 Answer | Asked in Tax Law for Texas on
Q: Two companies I worked for, did not pay my taxes correctly and now I owe money to the IRS. What can I do?

one of the companies I worked for, for a year and they only paid 51 dollars in taxes, yet my taxes was taken out of every check. Same with the other company except they only paid 320 dollars in taxes for the months I was working with them (temp agency) now the IRS is claiming I didn’t file my... Read more »

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 29, 2022

The easiest way to resolve this would be to provide the IRS copies of your paystubs which show what was actually taken out of your check.

2 Answers | Asked in Contracts, Copyright, Tax Law and Business Formation for Texas on
Q: I need a trademark lawyer
Carli Jo Aelker
Carli Jo Aelker
answered on Nov 12, 2022

Hi! Unfortunately this is not the place to retain an attorney, it is a forum for legal questions. You should reach out to a trademark attorney privately.

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1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Tax Law for Texas on
Q: A tax firm asks me to sign the Binding Arbitration form to petition the property tax. Will there be a problem later?
John Michael Frick
John Michael Frick
answered on Oct 28, 2022

Only if you don't want to arbitrate any future dispute you may have with the tax firm. With very few exceptions, arbitration agreements are enforceable.

1 Answer | Asked in Tax Law for Texas on
Q: I've not reported taxes in 5y (but only made maybe 40k total during that time) Will I go to jail?

-all money was made from Uber

-the majority of it I made this year

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 20, 2022

it is unlikely you will be pursed criminally for missing returns unless something else is going on. However it is possible that the IRS and/or State may file a substitute for return on your behalf. When the IRS and/or State takes this action, they utilize the wage and financial information that has... Read more »

1 Answer | Asked in Divorce and Tax Law for Texas on
Q: If my exboyfriend and I filed Married joint taxes, do we have to get divorce? Were not married by a Judge or Preacher.

We lived together and filed together but 6 months later he left to Florida. He's been gone over a year..I just need to know if I have to divorce him legally to get legally married to someone..some say no but I need to know for sure before we apply for a marriage license..

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 12, 2022

I it has been less than 2 years since you separated you should file for divorce .

1 Answer | Asked in Contracts, Real Estate Law and Tax Law for Texas on
Q: Why does our prenup not supersede this law? Will my spouse signing this impact them fiscally?

Signed prenump, no community property exists and yet my spouse is being asked to sign off on title of home that belongs solely to me. Title company lawyer is citing this law: Sec. 5.001

Sale, Conveyance, or Encumbrance of Homestead

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

A prenuptial agreement can waive a spouse’s homestead rights in property. There are, however, very specific requirements.

Just because you agreed that the homestead property is your separate property standing alone does not waive your spouse’s homestead rights in such property....
Read more »

1 Answer | Asked in Foreclosure, Tax Law and Contracts for Texas on
Q: Considering investing in tax foreclosures in Texas. The listings are each labeled with: EOS, EXE, Sale, resale, PLURIES.

From an auction bidder's perspective, do each of these types of real estate tax foreclosure types (for example EOS, EXE, Sale, resale, PLURIES) have the same redemption period?

I'm referring to the auctions from the Tax Code from Chapter 34. TAX SALES AND REDEMPTION, from the... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Oct 2, 2022

If your question is looking for a "redemption" period after a f/c sale. There is none! Once it is sold at foreclosure, it is the property of the buyer, 100% in fee simple. While there may be some other legal issues of the property you buy at a f/c sale, it is a different legal process,... Read more »

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