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Texas Tax Law Questions & Answers
2 Answers | Asked in Tax Law for Texas on
Q: Hello, can the City of Houston purchase a tax lien land that our father had that we wasn’t aware of and never notified?

Our father passed in 2005, and before he passed he was in a nursing home for a few yrs, so he never told us he owned the land he lived on before going into the home. I recently ran across a case filed in 2009 after his death where the City of Houston sold or bought the land due to a tax lien, but... View More

James L. Arrasmith
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answered on Feb 22, 2024

It's indeed possible for the City of Houston, or any local government, to purchase or take over land due to unpaid property taxes through a process known as a tax lien sale. When property taxes go unpaid, the city can place a lien on the property and eventually sell that lien to recover the... View More

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1 Answer | Asked in Tax Law for Texas on
Q: I received a 1099C for a car that I bought with my deceased ex-husband in 2004. They sent me one for the entire balance.

Should it be for half of the amount since we were divorced at the time of his demise?

James L. Arrasmith
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answered on Feb 4, 2024

When you receive a 1099-C for a debt that was jointly held with a now-deceased individual, such as an ex-spouse, the situation can indeed become complex. Generally, the responsibility for the debt and the implications of the cancellation of debt income can vary based on several factors, including... View More

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"

James L. Arrasmith
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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

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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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

James L. Arrasmith
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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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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.

James L. Arrasmith
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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?

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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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?

T. Augustus Claus
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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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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.

James L. Arrasmith
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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,

James L. Arrasmith
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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
James L. Arrasmith
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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.

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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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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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1 Answer | Asked in Real Estate Law and Tax Law for Texas on
Q: Can I get a tax exemption for using my property as a family burial site in Texas?

I live on a residential property in Texas, and I've buried one family member on the land, intending to possibly use more of it as a burial site in the future without any formal designation or profit-making intent. Can I file for a tax exemption for this part of the property?

John Michael Frick
John Michael Frick
answered on Apr 2, 2025

Yes, but only for that portion of the property used as a dedicated burial site for human remains.

2 Answers | Asked in Tax Law, Banking and Business Law for Texas on
Q: I had to reinstate my company after tax office failed to pay franchise taxes. Do I have to get a new bank account?

I had to reinstate my company after tax office failed to pay franchise taxes. The tax office paid all the fees and reinstated the company. It looks like I received a new taxpayer id number. Does this mean I have to get a new bank account? Do I have to do anything different now that I reinstated the... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

First, there was no reason your company needed to get a new taxpayer ID number. Second, there is no reason it should need to get a new bank account with the caveat that you need to ascertain why a new taxpayer ID number was obtained. Presumably, your bank is using your company's original... View More

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2 Answers | Asked in Tax Law for Texas on
Q: Transferring motor vehicle from personal to LLC of which I am sole, 100% owning member. Can sales tax be waived?

Texas sales tax question

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

This type of transfer would typically not result in the payment of sales tax.

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2 Answers | Asked in Tax Law for Texas on
Q: Is a Supersedeas Bond waived if the defendant has filed an Affidavit of Inability to Pay?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

No. But there is a separate process to stay the enforcement of a judgment pending an appeal if the defendant lacks the financial ability to post a supersedeas bond in the amount prescribed by law. You need to hire a very experienced appellate attorney to assist you with this process.

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2 Answers | Asked in Tax Law and Gov & Administrative Law for Texas on
Q: Moved to Texas from out of state. Got my vehicle inspected almost immediately. Got caught up with new job and missed the

30 day window to register the car. Now they’re telling me I have to pay sales tax on the full retail price of the car. I didn’t even buy the car, I leased it. How could there be a $2700 penalty (the sales tax) for missing the 30 day window? This is egregious.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You should not have to pay that penalty as long as your motor vehicle was properly registered in your name in another US state.

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