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Texas Tax Law Questions & Answers
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... View More

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....
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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... View More

John Cucci Jr.
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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,... View More

3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... View More

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

I think from your question you bought a previously-owned home which had foundation repair work performed by the previous owner and the foundation repair company gave the former owner a 10-year conditional transferable warranty.

Whoever told you that the home came with a 10 year warranty may...
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3 Answers | Asked in Contracts, Real Estate Law, Tax Law and Small Claims for Texas on
Q: What to do if company won't honor warranty?

I purchased a home in 2021 that came with 10 year warranty for the foundation. Recently, interior of home started having foundation issues on one side of the home. Company came out to take a look but refuse to fix the issue because warranty apparently has been voided for two reasons. 1. Warranty... View More

John Cucci Jr.
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answered on Sep 10, 2022

This is a classic move by a home builder company. Unfortunately, it is time to sue.

You need to visit with an experienced lawyer who handles real estate contracts and litigation.

Your rights are in the agreement you entered into with the seller and/or builder. The details will...
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1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Texas on
Q: Can I file a quit claim deed on my fathers home without harm to his VA mortgage on benefits?
John Cucci Jr.
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answered on Aug 27, 2022

The answer you seek would require me or any other attorney to review all of your dad's estate planning documentys and assets. Plus, the latest deed and lien on the subject property. Why are you giving a deed?

Do you own the property with your dad?

I can guide you, but do not...
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1 Answer | Asked in Family Law and Tax Law for Texas on
Q: How do I go about getting custody papers changed regarding claiming all the children as dependents on taxes?

The other parent does not see the children as often if at all, mainly around holidays (compared to when the order was first established). child support is not consistent and there is a large amount of back pay owed.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

If your current court orders address claiming the children as dependents on your tax return, you can file a Suit to Modify Parent-Child Relationship and request a change to that language. in a suit to modify, you must be able to explain to the Court that there has been a "material and... View More

2 Answers | Asked in Bankruptcy and Tax Law for Texas on
Q: I have a tax lien filed against me. I have no real property to attach. I owe another $39k I bills including g my car.

Our income is $4300 per month. Our expenses..credit cards, rent etc, car and life insurance is over $5k. Then everyday expensle, like food, gas, utilities. Would bankruptcy help me?

To.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 12, 2022

If you have filed tax returns in prior years, for those unpaid income taxes, then yes, a bankruptcy can help you. Unpaid income taxes, for returns filed more than two years and four months prior to the date of bankruptcy, are dischargeable, along with the interest and penalties accruing.... View More

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1 Answer | Asked in Criminal Law and Tax Law for Texas on
Q: I have a criminal case and I want to make sure I am tax compliant.

I should be receiving copies of the filed 1099a and 1099c, 1040 and OID from the PA correct? I know this case is a taxable event and I don't want to be apart of any kind of estate tax evasion. Just to be safe, should I contact risk management and inquire about getting a copy of all the... View More

James L. Arrasmith
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answered on Sep 14, 2023

It's a good practice to ensure you have all the necessary tax documentation for your case. You can contact risk management or the appropriate authorities to request copies of the relevant tax forms and accounting records to ensure tax compliance and transparency in your case.

1 Answer | Asked in Tax Law for Texas on
Q: My apartment the Annex in mesquite Texas will not return my deposit and give no explanation of why, who do I sue?

Management co - Avenue5 residential LLC, moved out June 17.2023 gave 30day to respond. Given the runaround

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

You should sue the landlord in small claims court under Texas Property Code section 92.103.

2 Answers | Asked in Tax Law, Business Law and Trademark for Texas on
Q: Wanted to know about the sales tax in Texas.

How can I apply for a sales tax permit ?

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

Online at https://comptroller.texas.gov/taxes/permit/

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2 Answers | Asked in Real Estate Law and Tax Law for Texas on
Q: Texas Property Code section 51.009, how do i make sure that if i win the property will be free of all liens?

this property has gone thru litigation and being sold for unpaid property taxes. Fort Bend Independent School District v the owner

John Michael Frick
John Michael Frick
answered on May 27, 2023

Commission a title company to do a title search to determine if there are any liens on the property.

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1 Answer | Asked in Civil Litigation and Tax Law for Texas on
Q: Hello, I am told I have 2 years to remove my homestead exemption on a rental property. I need to find this law to refer.

I have a rental property I rented out in December 2013 I requested to remove my homestead exemption in 2015 and it took affect in 2016. I was incarcerated in December 2013. Can you refer me to the law that says I have 2 years after renting to remove my homestead exemption. 11.13 sec. K does not... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

Texas Tax Code section 11.13(k)(1)(1)

1 Answer | Asked in Divorce, Copyright, Tax Law and Collections for Texas on
Q: Can I file for a divorce and ask for the fees and court cost to be waived and then attain a lawyer through the courts

I'm in a very abusive and neglectful common law marriage . He is currently awaiting to appear in district court for violating his probation that he received the last time he threw me around and down and busted my mouth. I don't have money for legal counsel he has abandoned me and stopped... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2023

Contact legal aid organizations in your area, they may be able to connect you with a pro Bono attorney.

1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: What is subchapter N in reference to real estate?
John Michael Frick
John Michael Frick
answered on Mar 29, 2023

Subchapter N of which chapter of which Code?

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
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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... View More

Louis T. Wierenga
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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... View 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.

2 Answers | 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.

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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.

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