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Texas Tax Law Questions & Answers
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 Tax Law, Identity Theft, Social Security and White Collar Crime for Texas on
Q: Can an individual be compensated for use of their info?

If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?

James L. Arrasmith
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answered on May 2, 2023

It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes... View More

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 Tax Law and Real Estate Law for Texas on
Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2023

Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of...
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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 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... View 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...
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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... View 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... View 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...
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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... View 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...
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