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Texas Tax Law Questions & Answers
2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

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answered on Feb 4, 2024

In Texas, the need to register a separate Doing Business As (DBA) for variations of your business name depends on how you intend to operate these entities. If "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse" are operating as distinct... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Texas on
Q: Would I need to register another DBA if the base name of the business is the same?

For example, "Green Horn Retail" and "Green Horn Warehouse" or "Green Horn Retail Warehouse"

T. Augustus Claus
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answered on Feb 1, 2024

In Texas, if you are operating multiple businesses under variations of the same base name, such as "Green Horn Retail" and "Green Horn Warehouse," you may not necessarily need to register each one as a separate Doing Business As (DBA) entity, especially if they are operated as... View More

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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

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answered on Feb 4, 2024

In Texas, as in other states, the agreement to claim a child on taxes alternating years is a common arrangement. However, the requirement to split the tax return or any refund with the other parent is not automatically implied by this agreement and typically must be specified in your custody or... View More

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2 Answers | Asked in Family Law and Tax Law for Texas on
Q: Do I have to split my tax return with the father?

In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Unless and until modified by a court order, you should continue to follow the prior agreed order that you each claim the child every other year.

The facts you have stated in your question may be relevant in a suit to modify the prior agreed order. But until a judge signs a new order,...
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1 Answer | Asked in Tax Law for Texas on
Q: My park model home that is ANSI A119.5 complaint in Texas is being added to my property tax appraisal. Please advise.

primarily used as temporary living quarters for travel

It's built on a single chassis mounted on wheels

has a gross trailer area in the set-up mode of 399 square feet

is certified by the manufacturer as complying with American National Standards Institute Standard A119.5.

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answered on Jan 30, 2024

Based on the information you have provided, it seems that your park model home qualifies as a recreational vehicle under Texas law. As per the Texas Property Tax Code Sec. 11.14, recreational vehicles do not need to be appraised as an improvement to real property if:

1) It is primarily...
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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If you paid taxes Can someone take your property if you abandoned it for year and haven't maintained your property?

I have always paid taxes but I live out of town so my son's wife who owns the lot next to my property cuts the grass like it's hers. Can she take it away and claim i abandoned it?

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answered on Jan 30, 2024

In Texas, simply paying property taxes on your land does not automatically protect it from claims of adverse possession, especially if you have abandoned the property and have not maintained it. Adverse possession, commonly known as "squatter’s rights," allows someone to claim ownership... View More

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2 Answers | Asked in Tax Law and Real Estate Law for Texas on
Q: If you paid taxes Can someone take your property if you abandoned it for year and haven't maintained your property?

I have always paid taxes but I live out of town so my son's wife who owns the lot next to my property cuts the grass like it's hers. Can she take it away and claim i abandoned it?

James L. Arrasmith
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answered on Jan 30, 2024

No, someone cannot legally take your property or claim you abandoned it simply because you have been absent or failed to maintain it. As long as you continue paying property taxes and possess valid title, ownership and rights remain legally yours regardless of occupancy, use or condition.... View More

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1 Answer | Asked in Tax Law for Texas on
Q: Husband has unpaid school loan. No one can tell us how much is owed. IRS gave it to lawyers who cant answer our questi

He thought this was paid 30 yrs ago. He’s always paid taxes but just heard about this about 5 yrs ago. The lawyers won’t tell us anything. We think we’re paying more in interest than the loan ever was. He just keeps getting his tax refund taken.

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answered on Jan 22, 2024

In situations where there is uncertainty about the status of an old student loan, it's important to gather as much information as possible. The first step is to request a detailed statement from the IRS or the lawyers handling the case, outlining the original amount of the loan, any payments... View More

1 Answer | Asked in Tax Law for Texas on
Q: What is a w4? it seems to be a mistake made on late husbands last paycheck, seems money was paid into it.

W4 on late husband last pay, I think it was a mistake made and possibly corrected by employer. May I get advice on where I should take this in order to get advice and if it's a possible payout. Thank you,

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answered on Jan 11, 2024

A W-4 form, also known as an Employee's Withholding Certificate, is used by employers in the United States to determine how much federal income tax to withhold from an employee's paycheck. It's based on the employee's filing status, number of dependents, and any additional tax... View More

1 Answer | Asked in Tax Law and Landlord - Tenant for Texas on
Q: in Austin hotel 45 days waiting for mngmnt on taxes still no word Can I withhold rent as taxes will be 1k at very soon
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answered on Jan 8, 2024

In your situation, withholding rent due to an unresolved issue with taxes can be legally complicated and might not be the best initial course of action. Tenant rights and landlord responsibilities vary by location, and specific laws in Austin, Texas, govern these matters.

Firstly,...
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1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice... View More

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

I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the... View More

2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

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

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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2 Answers | Asked in Probate, Real Estate Law and Tax Law for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

James L. Arrasmith
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answered on Dec 25, 2023

In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More

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1 Answer | Asked in Tax Law for Texas on
Q: Is the tax ID # also referred to as a serial # and/or a registration #?
T. Augustus Claus
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answered on Nov 1, 2023

the term "tax ID number" refers to the Comptroller's taxpayer number (CTN). It is used for state tax purposes, such as filing state tax returns and paying state taxes.

The terms "serial number" and "registration number" can also refer to tax ID numbers,...
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2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Tax Law for Texas on
Q: I filed my tax return for the tax year of 2022, but I submitted my 2020 W-2 in error? Can an amended return be a crime?

The original return was accepted by the IRS and I was given a refund check (which I cashed) despite the error. I didn't submit an amended return until after the filing due date in April and I ended up owing the IRS just under $200 according to the electronic filing service that I use.... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

While you technically “can” be, it is highly unlikely that the IRS will pursue anything under the circumstances. File an amended return voluntarily with correct information is very strong evidence of it being a mistake rather than an intentional act of deception.

1 Answer | Asked in Tax Law and Business Formation for Texas on
Q: Can I register an LLC and deduct expenses if no revenue comes from it?

There is a potential part-time consulting job that would require software for the next round of the pitch. Also, I am spending thousands in due diligence on a potential private investment. I look to do more of these kinds of deals even if these don't work. If I register an LLC, can I deduct... View More

James L. Arrasmith
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answered on Sep 14, 2023

Yes, you can generally register an LLC and deduct business expenses, even if no revenue is generated immediately. The IRS allows deductions for ordinary and necessary expenses incurred while actively pursuing a business, which includes startup and operational costs. However, it's crucial to... View More

1 Answer | Asked in Tax Law for Texas on
Q: Can the Oklahoma tax commission require, retroactively, payment on gambling winnings for out of state individuals?

I had no idea that by living in Texas that my gambling winnings in Oklahoma would be taxed by the state. After receiving a letter that I owed 2018 taxes, I did lots of research into the new law enacted in 2021. For that year alone I’ll owe almost $36000 which, is impossible for me to pay. I need... View More

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answered on Sep 14, 2023

The ability of the Oklahoma Tax Commission to require retroactive payment on gambling winnings for out-of-state individuals can depend on various factors, including the specific laws and regulations in place at the time of the winnings and any changes made by new legislation. It's essential to... View More

1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Tax Law for Texas on
Q: The company I am contracted with deducts their commission from my earnings,can I still claim that as a business expense?

I am a contracted 1099 worker and the company I work for deducts their commission/service fee off my check (I Pay them a percentage for their services). At the end of the year it is not reflected in my earnings so it lowers my taxable income. I have other expenses through them that ARE reflected in... View More

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answered on Sep 14, 2023

Yes, you can typically claim the commission you pay to the company as a business expense deduction on your taxes, even if it's not reflected in your earnings on the 1099 form. It's not considered a double deduction because you are essentially reporting your gross income and then deducting... View More

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