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Texas Tax Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Incorrect house size on county tax appraisal; how to correct and implications?

I recently discovered that the size of my newly constructed house, closed in September 2022, is incorrectly listed by about 400 square feet less on the county tax appraisal document. I have not yet contacted the county tax appraisal office about this discrepancy and am unsure if it has affected my... View More

John Michael Frick
John Michael Frick
answered on Apr 23, 2025

You may be including an enclosed garage in your own calculation of square footage. I'm just making an educated guess because a standard size two-car garage is 400 sq. feet. For appraisal purposes, "living area" only includes an enclosed garage if it has been converted into a room.

2 Answers | Asked in Real Estate Law, Gov & Administrative Law and Tax Law for Texas on
Q: Is it a RESP violation if my mortgage company misestimated property taxes?

I purchased my home in Texas in October 2023. My mortgage company estimated MUD property taxes based on the land value instead of the newly completed home and the selling price. I discovered this issue in March 2025 when I received a statement showing an escrow shortage of over $1,200, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

No this is not a RESPA violation. Property taxes are the legal responsibility of the owner (YOU). Lenders almost always require a borrower-owner to timely pay their property taxes. Sometimes, lenders require the borrower-lender to escrow money by paying an additional sum each month with the loan... View More

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2 Answers | Asked in Probate, Estate Planning and Tax Law for Texas on
Q: Do coins get a step-up in cost basis if sold by the executor before estate distribution?

I'm the executor of a testate estate with a probate court providing letters of testamentary. The estate includes gold half eagle coins minted in 1880, 1901, 1911, and some silver coins. Before distribution, does selling these coins by the executor affect the step-up in cost basis?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 2, 2025

Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More

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Q: Can non-U.S. residents wholesale real estate in Texas and receive assignment fees abroad?

I live abroad and I'm interested in wholesaling real estate in Texas. Is it possible for non-U.S. residents to engage in this business? What kind of paperwork or legal requirements should I be aware of? Additionally, there may be situations where I enter into joint ventures (JVs) with other... View More

John Cucci Jr.
John Cucci Jr.
answered on Apr 1, 2025

Most non-US citizens can buy and sell land and otherwise speculate on the same. However, if you are a Chinese National, or are from a "Terrorist State" country, that type of business is NOT available for you in Texas.

The key is to manage your properties and taxes correctly. Get...
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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

John Michael Frick
John Michael Frick
answered on Apr 1, 2025

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with...
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3 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

Sharita Blacknall
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answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax...
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1 Answer | Asked in Divorce, Real Estate Law and Tax Law for Texas on
Q: Am I entitled to part of a gifted house in a divorce?

I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions... View More

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge... View More

1 Answer | Asked in Real Estate Law, Tax Law and Gov & Administrative Law for Texas on
Q: see more information

Can a cousin that stayed no more than a few days at my Mothers home a time over a period of a few months while in town on business used her address to receive mail from the IRS, file a lien on the house listing him as grantor and IRS as grantee for debt over $200,000? I don't think he ever... View More

John Michael Frick
John Michael Frick
answered on Jan 29, 2025

It is likely that the IRS simply filed a tax lien because your cousin used that address as her mailing address on communications with the IRS. the lien only attached to your cousin's interest and she doesn't have any interest.

Your mother can probably file a proceeding to have the lien released.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Texas on
Q: Can I use an LLC I started for photography to publish a book that's not about photography?

Are there any legal or tax implications I should be aware of if I use my existing photography-focused LLC to publish a non-photography related book, and do I need to update my LLC’s operating agreement or business filings to reflect this new activity?

Jeff Trevillion Jr.
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Jeff Trevillion Jr.
answered on Dec 23, 2024

Generally, a limited liability company (LLC) or other business entities may conduct any lawful business, unless the type of business operations were restricted at the time of formation with the secretary of state. Normally, broad and generalized language is used when forming a business entity... View More

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.
John Cucci Jr.
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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1 Answer | Asked in Tax Law and Identity Theft for Texas on
Q: Can I sue my sister for stealing my identity? she created crypto accounts using my name and didn't pay any taxes on it

She created multiple crypto accounts in my name and made capital gains trading but never paid any taxes, can I sue her for it? I would like to hold her accountable for the taxes she occurred in my name. I don't want any future issues with the irs. Nor do I wanna deal with any legal issues,... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 9, 2024

Well, how do propose to avoid legal problems by inititiating a lawsuit against your sister? I am not trying to demean you or make fun of your situation, but the idea of suing someone in order to avoid legal difficulties in the future is one of the worst ideas I have heard of in a good, long while.... View More

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

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