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Virginia Tax Law Questions & Answers
3 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Do they check previous tax forms for citizenship?

I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?

Monica E Rottermann
Monica E Rottermann
answered on Mar 28, 2025

The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More

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1 Answer | Asked in Business Formation and Tax Law for Virginia on
Q: Where should I create my LLC for my KDP and POD business?

I'm looking to start a digital product business with Kindle Direct Publishing (KDP) and Print on Demand (POD). I plan to form an LLC and am considering the legal and tax benefits. I temporarily reside in Virginia, have a CDL license in Ohio where I plan to return soon, but am also considering... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 24, 2025

You have several options which take a lot of explanation and more questions about your business and its reach. You could initially file under Virginia law and when you move to Ohio transfer the LLC to Ohio. If there are tax advantages and/or state filing advantages to form your LLC in Wyoming or... View More

2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: How would split payment methods for a home purchase between two individuals be viewed by the IRS?

I am looking to purchase a home with a family member, however we are looking to split the total purchase cost where they are paying their half up front and I am getting a mortgage. We both will be on the title, but I would be the sole holder of the mortgage. From the IRS' perspective, is their... View More

Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 12, 2025

Based on the details provided, this situation would not be considered a gift. The other family member is paying for their half of the property upfront, and you are using debt to pay for your half. There is no transfer of assets between you and the other family member. Your ongoing mortgage payments... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Richard Sternberg
Richard Sternberg
answered on Feb 10, 2025

If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 11, 2025

If you don't already have an LLC to work with and you are only interested in buying and renting or flipping property in Virginia, a Virginia limited liability company should be all that you need to protect yourself. If you formed an LLC in another state for whatever reason, you would still... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law, Tax Law and Estate Planning for Virginia on
Q: If I want to buy a property in Virginia to rent out, do I need a Virginia LLC or am I ok with a Wyoming or Delaware LLC?
Ross Cameron Hart
Ross Cameron Hart
answered on Feb 11, 2025

Mr. Sternberg is correct - you have three choices: 1) own it in your own name; 2) own it in your Wyoming LLC AND register that LLC in Virginia (for about the same cost as forming one) or 3) form a Virginia LLC and own it with that.

Some gratuitous advice: many years ago a real estate...
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1 Answer | Asked in Employment Law, Contracts and Tax Law for Virginia on
Q: Concern pertaining to 1099-NEC: total non-employee compensation amount

In a situation where you are a transportation lessor (one truck, tractor) and all expenses are deducted from the gross by the lessee (transportation company) before you receive revenue.

Does the lessee typically write off those expenses?

I received a 1099-NEC accounting for the... View More

James L. Arrasmith
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answered on Mar 29, 2024

When you're working as a transportation lessor, it's common to encounter complex arrangements regarding payments, expenses, and tax reporting. The situation you've described, where the lessee deducts expenses from the gross amount before issuing your net pay, does raise some... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

1 Answer | Asked in Tax Law for Virginia on
Q: How can I hold the state responsible for causing a hardship with a tax levy.

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James L. Arrasmith
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answered on Feb 22, 2024

If you're facing hardship due to a tax levy imposed by the state, there are steps you can take to address this issue. First, it's crucial to communicate directly with the state tax agency that issued the levy. Explain your situation and provide evidence of the hardship the levy is... View More

1 Answer | Asked in Tax Law and Real Estate Law for Virginia on
Q: How to file for property tax exclusion/deferral in Pittsyvania county, Virginia due to 65+ & disabled (58.1-3217)
James L. Arrasmith
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answered on Jan 26, 2024

Here are the key steps to file for a property tax exclusion or deferral in Pittsylvania County, Virginia based on age 65+ or disabled status under §58.1-3217:

1. Obtain an Exemption/Deferral Application Form from the Pittsylvania County Commissioner of Revenue office (276-656-0371) or...
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1 Answer | Asked in Tax Law for Virginia on
Q: ON JANUARY 08TH 2024 AS EXCUTOR OF A ESTATE FILED A IRS FORM 4768, AND ITS ESTIMATED ESTATE TAXES DUE BY CHECK,

THE IRS RECEIVED ON JANUARY 1OTH 2024, ONE DAY PRIOR TO DUE DATE. ON JANUARY 20TH EXECUTOR RECEIVED BACK A COPY OF THE FILING, NOTED RECEIVED BY IRS JANUARY 10TH 2024 AND THE ORIGINAL CHECK FOR THE ESTATE TAXES, THE EXCUTOR IN WRITING THE CHECK DATED THE CHECK JANUARY 08 2023, NOTED BY IRS AS NON-... View More

James L. Arrasmith
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answered on Jan 22, 2024

In your situation, the key point is that the mistake with the check's date was unintentional, and you acted promptly to correct it by sending a new check. The IRS typically considers the date of the original payment attempt when assessing penalties for late payments. Since you attempted to pay... View More

2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
T. Augustus Claus
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answered on Jan 19, 2024

In Virginia, if your deceased spouse owed taxes to the state and you did not file joint taxes for the year in question, you are generally not personally responsible for the tax debt. However, the deceased person's estate may be responsible for settling any outstanding tax obligations. The... View More

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2 Answers | Asked in Tax Law and Probate for Virginia on
Q: Deceased spouse owes taxes to the state of Virginia am I responsible for that debt. We did not file 2022 taxes jointly.
James L. Arrasmith
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answered on Jan 22, 2024

In general, if you did not file jointly for the tax year in question, you are typically not responsible for your deceased spouse's individual tax debts to the state of Virginia. However, there are exceptions and complexities depending on the specifics of your situation, such as the nature of... View More

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2 Answers | Asked in Tax Law for Virginia on
Q: How can I get my tax documents from my previous tax preparer?

Hello. I'm trying to get my tax documents from the tax preparer I used the past couple years but she refuses to answer my emails or return my call after speaking with her secretary.

I don't owe her money. I think she's just being spiteful because I changed preparers. I live... View More

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, it's understandable that you need access to your tax documents quickly and are facing challenges with your previous tax preparer. Tax preparers are generally required to provide clients with copies of their documents upon request.

Firstly, consider sending a formal...
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1 Answer | Asked in Tax Law, Business Formation and Business Law for Virginia on
Q: Can I deduct home renovation costs for a YouTube channel under my LLC?

I have an LLC with two businesses under it, including a YouTube channel focused on home remodeling and construction. My wife has a decorating background, and I am a general contractor. The channel is not monetized yet, and I recently purchased a house that needs extensive work, which will be... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since the home you’re renovating is your primary residence, the IRS typically does not allow deductions for personal home renovation expenses, even if you're documenting them for business content. Because the property is not used exclusively for business purposes, expenses like materials and... View More

1 Answer | Asked in Tax Law and Real Estate Law for Virginia on
Q: Tax implications of jointly owning a house with parents in Virginia.

My parents and I bought a house together, and all three of our names are on the deed. I am the only one who took out the mortgage, while they paid for the down payment. There are no formal agreements about ownership or expense sharing. I'm concerned about the tax implications of this... View More

James L. Arrasmith
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answered on Apr 12, 2025

Owning a home jointly with your parents in Virginia does create a few potential tax considerations, but many of them depend on how you all manage the property financially and how the ownership is reflected on tax documents. Since your name is on the mortgage and you’re responsible for the loan... View More

1 Answer | Asked in Divorce, Real Estate Law, Tax Law and Family Law for Virginia on
Q: Can I transfer my half of house deed to ex-husband in Virginia divorce with tax lien and disputes?

I am in the process of a divorce and want to know if I can transfer my half of the house deed ownership to my ex-husband. There is no existing divorce agreement or court order regarding property division, but there is a tax lien on the property, and disputes regarding property division exist. The... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're in a complicated situation with your property and divorce. Since there is no court order yet regarding the division of the property, transferring your half of the deed could be tricky, especially with the tax lien and ongoing disputes. You would likely need to work out an... View More

1 Answer | Asked in Admiralty / Maritime, Business Law and Tax Law for Virginia on
Q: Do I need to pay DC taxes for VA-based boat rental using Potomac River?

I operate a boat rental business registered as an LLC in Virginia. We launch from Gravelly Point, Arlington, VA, utilizing the Potomac River under DC jurisdiction, and sometimes use the Occoquan River. The business is personally operated by me, without employees, primarily during weekends. Although... View More

James L. Arrasmith
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answered on Apr 12, 2025

Operating your Virginia-based boat rental business on the Potomac River, which is under the jurisdiction of the District of Columbia (DC), introduces certain tax obligations. Even though your business is registered in Virginia and primarily operates from Virginia locations, utilizing DC waters for... View More

1 Answer | Asked in Divorce, Tax Law, Real Estate Law and Family Law for Virginia on
Q: Who can claim the Virginia rental house in 2024 taxes after divorce?

I finalized my divorce in September 2024 and was awarded a rental house in Virginia through the court order. I started paying the mortgage in August 2024, but my ex-spouse continued making payments from his bank account, and I reimbursed him since my loan assumption attempt was denied. He is now... View More

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answered on Apr 12, 2025

Since you were awarded the rental house in your divorce and have been making mortgage payments since August 2024, you are likely the one entitled to claim the property on your taxes for the year. Even though your ex-spouse continued making payments temporarily and you reimbursed him, the IRS... View More

1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Virginia on
Q: What to do if separated spouse refuses to pay tax plan

My husband and I previously filed taxes jointly and entered a payment plan with the IRS. We are now separated due to abuse, and I'm filing taxes separately. He has failed to pay his portion of our agreed tax payment plan. I've been unable to contact the IRS for guidance and have an audio... View More

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answered on Apr 12, 2025

It’s understandable that you’re facing a difficult situation, especially given the financial and emotional stress of your separation. Since the IRS payment plan is in both of your names, you're still responsible for the full amount owed, even if your spouse is not contributing. The first... View More

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