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Virginia Tax Law Questions & Answers
1 Answer | Asked in Tax Law for Virginia on
Q: I have the county tax collector telling me that I have to pay the unpaid taxes for the company that I used to manage?

I was the manager for a year, but that shouldn’t make me responsible for their taxes. Is this legal?

Thomas H. Roberts Esq
Thomas H. Roberts Esq
answered on Aug 6, 2022

It depends on your level of responsibility for the failure to pay the money and the type of tax. For instance, if your company collected a county tax from others and then used those collected taxes for something else, you in a deep mess. I refer these cases to Guy C Crowgey, Esq. in Richmond,... Read more »

1 Answer | Asked in Divorce and Tax Law for Virginia on
Q: In Virginia I have been separated 3 years but no legal separation exists in state. Can we file single/head of household

We have 3 kids and agree to swap every other year 2 kids one parent and the other parent with the third child. Separated 3 years living in different homes. Virginia law does not recognize legal separation while federal tax law would consider us unmarried. Can we each file head of house some how

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Apr 13, 2022

The Virginia Court of Appeals has recognized a divorce from bed and board as a legal separation, so Virginia does have a legal separation. This is an intermediate form of divorce based on fault grounds only, that does not allow one to remarry, but recognizes you are no longer sharing the same bed... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Virginia on
Q: Exemption code and title of deed transfer when selling to family so that you are not charged taxes

I sold a house to family and trying to change the deed from my name to theirs. I was told by the record's office that a General Warranty Deed would charge me taxes and that I needed to add an exemption code and use the correct title.

Shafeek Seddiq
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Shafeek Seddiq
answered on Mar 25, 2022

I recommend you go see a real estate lawyer near you to explain how this can be done.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Virginia on
Q: I am the trustee of mother’s estate & beneficiary of her house. Upon death, can I transfer it to my son directly?

She has dementia. I want my son to have the house instead of me. Would he be able to inherit it at the stepped up value?

I was hoping I could just change the title from my mother’s name to his.

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Mar 2, 2022

The phrasing of your question is a bit confusing. An estate does not usually have a trustee, the personal representative of an estate is either an executor or an administrator. It is possible for a pour over will to automatically transfer assets into an existing trust, such that the trustee of... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: What is the inheritance order in Virginia when there is no will?

My mother inherited two vacant lots when a friend passed away. They were sold recently in a tax sale. A lady from a Recovery company contacted me saying that they would get a third , I would get a third and my nephew's would get a third to split three ways from the tax sale. Now my mother... Read more »

James H. Wilson Jr.
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James H. Wilson Jr.
answered on Oct 8, 2021

If a Virginia resident dies intestate, without a will, the state essentially writes a will for that person - the law of intestate succession. Virginia's law of intestate succession appears in Chapter 2 of Title 64.2 of the Code of Virginia, specifically Sections 200 and 201 describe the... Read more »

2 Answers | Asked in Immigration Law and Tax Law for Virginia on
Q: Amending previous returns status from single to married to Non Resident Alien, no SSN or ITIN back then.

I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

You coulda mend prit tax returns with your CPA or accountant. In terms of discussing your foreign national spouse ssn and other issues a comprehensive legal review is necessary with an attorney of your selection.

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1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: Can beneficiaries of an estate get a tax write off for money that is given to charity or schools from a will?
Nina Whitehurst
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Nina Whitehurst
answered on Feb 9, 2021

If a beneficiary accepts his or her inheritance and then donates it to charity then the beneficiary gets the tax deduction. If the estate distributes money to charity because that’s what the decedent’s will specified then the estate gets the deduction.

1 Answer | Asked in Estate Planning, Tax Law and Elder Law for Virginia on
Q: My parents live with us and agreed to either pay on our remaining mortgage or pay us rent. What should they do?

This year my husband and I sold our house and bought another single-story house with the plan to move my parents in with us. My parents now live with us. They plan to sell their house that now sits empty. My parents have agreed to either give us money towards our remaining mortgage or pay us... Read more »

Karen L. Rowell
Karen L. Rowell
answered on Jan 27, 2021

A lump sum would definitely raise red flags as a gift and would have to be justified, documented and argued. Reasonable rent is easy to justify and document. It would be good to have a written lease and have them pay you rent, you can always apply it toward extra principal payments on your... Read more »

1 Answer | Asked in Tax Law for Virginia on
Q: My husband and I filed our income taxes in April and we still have not received our refund. How long do we have to wait?

I called the IRS and get a recording saying they don’t have any information. I called the hardship line to talk to a person and he said they are still processing income taxes but it has been six months. What can I do? We really need our refund.

Linda Simmons Campbell
Linda Simmons Campbell
answered on Nov 1, 2020

If you mailed in your return then unfortunately it will likely be a long wait. I spoke with someone at the IRS recently regarding a client's return that was mailed in February and was told that they do not have any idea how long the wait will be. They also told me that only 5% of IRS staff is... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Virginia on
Q: I am selling land that I inherited and I wanted to know if I will have to pay taxes on the money that I receive?

It's in Virginia.

Eric  Day
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Eric Day
answered on Aug 25, 2020

You will have to pay taxes on the land that you sell if the value that you get for selling the property is larger than the value that you inherited the property at. When you inherit property, the estate tax takes care of the taxes due on the difference in value that the deceased individual holds... Read more »

3 Answers | Asked in Tax Law, Estate Planning and Probate for Virginia on
Q: Mom passes intestate in Fairfax Co VA, how can I file her final tax returns after the POA ends?

All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »

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

I'm sorry for your loss. You may not have to do very much as everything was POD. And that included 'probate'.

I suggest you consult an attorney - in Virginia - to advise you and reassure you of where you are. Elder Law attorneys are familiar with estate law and procedure -...
Read more »

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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... 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
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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...
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 »

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