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Virginia Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Virginia on
Q: What could happen to employer if he pocketed most of the tax money he withheld from my paychecks if i report it

And what kind of proof im going to need? And who to report the case to ?

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 27, 2020

Money that is deducted from your paycheck to pay taxes is held in trust by your employer. If they do not send the money in to the IRS they will be assessed a trust fund recovery penalty. There is no need to report them. If they took the money out of your paycheck and never reported it to the... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: Hey! My boss withheld taxes from my paychecks but he filled less money on my w2s for the last 3 years,what to do?
Frank Huerta Jr
Frank Huerta Jr answered on Jan 26, 2020

Ask him to correct it in writing by email or certified letter. Give him a reasonable time to fix it (2 weeks) or you will file an SS8 form so you can report the error. Amend your previous returns with the SS8 if he does not respond.

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Property (land) 2 parcels assessment approx. $5,400 part of estate, now delinquent in taxes. Estate closed.

Heirs will not come together to do anything. Received notice for delinquent real estate ad. Please advise

Ross Cameron Hart
Ross Cameron Hart answered on Jan 10, 2020

You have given almost no facts on which a good answer can be based. Even if you had, however, I'd probably refer you to a real estate lawyer to help walk you through the law affecting the property. This forum is designed and good for simple, general questions that will get you to the 'next step'... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: Can someone presently be the nominee of a dead person? Do you turn into a nominee of their estate?

If someone is the nominee of a person when he/she is alive, does that person remain a nominee if the other individual dies or does that person become the owner of the dead person's property?

Nina Whitehurst
Nina Whitehurst answered on Oct 17, 2019

If you are referring to the agent under a power of attorney, then the answer is no, the power of attorney automatically terminates upon the death of the principal. Also, agents under powers of attorney do not automatically inherit. Inheritance is determined by the decedent's will or, if the... Read more »

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1 Answer | Asked in Tax Law for Virginia on
Q: Define local for the Virginia local excise tax on restaurant meals and hotels.

Colonial Beach generates $500k/yr in these taxes. Is it legal for Westmoreland County to keep most of those funds?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

If it helps you to feel better, there are thousands of small cities all across America where affluent people live or own property that end up paying more in all kinds of taxes than do the poorer people living in less-affluent areas of the same county. This is a political issue between the town of... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: If wish to make my son an interest free loan is the any tax implications.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

No.

2 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: When completing a irs offer in compromise, is vacant land considered real property?
Richard Sternberg
Richard Sternberg answered on Jun 5, 2019

The definition of real estate is land. If something is built on the land, it is developed real estate.

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3 Answers | Asked in Real Estate Law and Tax Law for Virginia on
Q: Can the irs enforce a tax lien on a cash sale for property?
Ross Cameron Hart
Ross Cameron Hart answered on Jun 5, 2019

The IRS has a motto: "We've got what it takes to take what you've got".

Practical response: IRS has filed a lien on property; the Owner sells it to Buyer and Buyer pays Owner cash. IRS isn't paid. The lien remains on the property and IRS can file a suit to take the property away from...
Read more »

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1 Answer | Asked in Tax Law for Virginia on
Q: My propett taxes are delinquent. Ad a has been posted. Proceedings will start 6/14/19 Section 58.1-3965. I

I have been told by Powhatan's lawyer that next I will receive a summons; then go to court in August; then property goes for sale in September. Is this correct?

I am raising the funds to pay it off.

Andrew M Steiger
Andrew M Steiger answered on May 26, 2019

Based on the statute you cited, this timing may be correct. The statute 58.1-3965 also states that you may be able to work out a deal with the local treasurer to pay off the delinquent tax balance over a period of up to 36 months. You should contact the local treasurer ASAP to try to work out a... Read more »

1 Answer | Asked in Business Law and Tax Law for Virginia on
Q: I own an LLC, and I have 2 houses which I leave for renting. How can I do taxes for my LLC? Thank you.

Do I need to put 2 these houses into my LLC, or I can leave them separated, and then I still can do taxes for my LLC?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 22, 2019

With no tax elections and no partners the LLC will be reported on Sch C.

The rental should be reported on Sch E if not actively managed or Sch C is actively managed.

If you put the rentals in your LLC you still file them on C or E based on active participation.

The...
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1 Answer | Asked in Tax Law and Child Custody for Virginia on
Q: How can I prevent my child's father from claiming her on federal tax return ?

My daughter lives with me she only sees her dad on his days off from work however he's claimed her on taxes the last 4 years. He refuses to let me claim her. He doesnt give me any of the money for her expenses. How can I keep him from being able to claim her!!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

The IRS does not allow both parents to claim an exemption for the same child. Your child custody agreement should tell both of you who is entitled to claim your daughter; some parents rotate each year; others allow one or the other to claim the child. If you have some written proof that you earned... Read more »

1 Answer | Asked in Education Law and Tax Law for Virginia on
Q: Can you go after The Department of Education for wrongfully taking full tax refund

My student loans were in default but through the department of education I was placed into a rehabilitation program. I made every single payment each month, I never missed a single one. I am out of default and made all required payments to the program. My tax refund was taken in full by the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

The Department of Education did not violate any laws by taking your IRS refund check as partial payment on your federally insured student loan. Regardless of whether or not your rehab program is up-to-date, the fact remains that you are still in arrears on the student loan debt. Additionally, since... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: Tax consequences of adding adult child as Joint Account owner to an elderly parent’s existing savings account.

What are the tax consequences of adding an adult child as a Joint Account owner to an elderly parent’s existing savings account? Would a withdrawal from the Joint account by the adult child fall under the gift tax, or would it be considered a shared asset?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Try looking at it this way: If an elderly parent gives the adult child $30,000 in cash, that gift would have to be reported as a gift--on both returns. The same rules apply to savings accounts, or any other gifts.

1 Answer | Asked in Tax Law for Virginia on
Q: Is it legal to be taxed in multiple states for vehicle personal property?

I have a home in NC and VA and do not rent either of them. I travel between the two houses. I am a NC resident and pay vehicle personal property tax to my county in NC. I received notice from the county in VA that I'm being treated as a tax evader because my vehicle was reported as garaged there.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

As in all states, there is an administrative appeal process available in Virginia to allow you to challenge the Virginia assessment; it does not require a lawyer. However, it is usually best to pay small tax assessments rather than try to challenge or litigate them. The law even has ancient advice... Read more »

2 Answers | Asked in Contracts, Family Law and Tax Law for Virginia on
Q: What is a valid disclaimer of marital interest in Virginia and how do I go about drafting such a disclaimer?

My wife is in the process of making a business investment, however I as the husband can't be party to the the business and I need to make a disclaimer to that effect. Essentially a disclaimer of marital interest.

James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 30, 2019

Spouses in Virginia can enter into enforceable marital agreements under Virginia Code Section 20-155 of the Virginia Premarital Agreement Act. These agreements take different forms, including prenuptial agreements or antenuptial agreements, marital agreements, separation agreements, stipulations... Read more »

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1 Answer | Asked in Tax Law for Virginia on
Q: how do i install an installment agreement for the payment of taxes ?
D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 28, 2019

You'll need a Form 9465, 433F, and 433D.

Fill those out and follow the instructions for submission.

https://www.irs.gov/payments/payment-plans-installment-agreements

There's a online submission process. It rarely works properly.

1 Answer | Asked in Tax Law for Virginia on
Q: any tax advantages to have a old cemetery on property.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2019

Probably not--especially if the property owner has no income from the cemetery and no expenses related to it. If the owner is paying state or local property taxes on the entire piece of property containing the old cemetery they may want to look at prorating the R/E taxes attributable to the... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: I own a house in VA that I have rented out. Now I moved back in and want to sell. Do I owe extra taxes?
D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 27, 2019

You'll have to calculate depreciation recapture on the conversion from business to personal property and pay ordinary income taxes on the recapture. The you'll pay capital gains taxes on the gain on sale. Unless you qualify for the personal residence exemption. It's hard to say you'll qualify or... Read more »

2 Answers | Asked in Tax Law for Virginia on
Q: I need to repay the IRS for having excess income related to the ACA financial guidelines. See below for more info.

I am finding it difficult to locate an attorney with direct experience in that area. How do you best search for a lawyer who has such focused experience ? I live near Front Royal/Winchester but travel to Northern VA frequently.

Background: I have been unemployed for several years and had... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Jan 4, 2019

Any good tax attorney should be able to advise you as to the best way to resolve your liability. You have a few options available to you. Stay away from the places you see advertised on tv. Because this is a federal tax issue you can contact a tax attorney anywhere in the country for help. Most... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Tax Law for Virginia on
Q: I have recently been robbed of my gift tax inheitence. I have retrieved documents from the tax department recently.

my exhusband forged my documents in 2013. he altered the employer id number and stole the financials using the incorrect years to file them and sold it to google for an award. in 2017 my devices kept having all these wierd things coming up. i just thought it was spam. next thing i know i seen an... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 23, 2018

This sounds like a criminal case. You need to call the federal or state prosecutors to make a complaint. I do not handle your type of case. Sorry.

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