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Virginia Tax Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Collections and Tax Law for Virginia on
Q: Can NYS DTF levy/seize an out of state bank account for the purpose of arrears?

I just moved and the account I had was completely drained dry. I planned on useing the funds for employment supplies such as the dress code for a new job, gas money to get to interviews, steel toe boots (PPE), etc. I have no issue with paying the arrears, but I can not live in fear of any accounts... View More

Gary D. Godman
Gary D. Godman
answered on Sep 12, 2016

Not sure about NY law, but in VA, a levy on a bank account is a normal and legitimate way for an owed party to collect funds. Consider speaking with a local family law or debt protection attorney about your specific situation.

1 Answer | Asked in Tax Law for Virginia on
Q: Can Richmond city take 100% of my disposable income for deliquent personal property taxes on a car?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on May 19, 2016

That would depend on more information, such as what you consider to be disposable income. For more information, seek out a Consumer Protection attorney.

1 Answer | Asked in Tax Law, Probate and Real Estate Law for Virginia on
Q: In VA. Both parents are passed away. Does the person that pays the real estate taxes for 10 yrs own it by law?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 27, 2016

No. If both of the owners passed away, title transfers according to their wills. If they passed without wills, it passes according to the intestacy rules. If a person, other than those who would inherit under the probate rules, inhabits the property in adverse possession for 15 consecutive years,... View More

1 Answer | Asked in Consumer Law and Tax Law for Virginia on
Q: My loans were forgiven due to a medical hardship (disability). Is there any exception to making that income?

There were exceptions but I didn't fit any that I saw but I'm not a lawyer. It seems unfair to forgive the loans and then make it an incredible amount to tax. The same hardship should not make it income in some cases. I'm ready to have the original 77,710.00 active again. It's... View More

Russell J. Haynes
Russell J. Haynes
answered on Apr 7, 2016

Yes, Congress in its infinite wisdom, chose to treat the forgiveness of debt as income for tax purposes, despite the liquidity problem that comes with a taxpayer being so broke a bank won't chase them for money, but then hitting a broke person with a big income tax bill. But they do it... View More

1 Answer | Asked in Bankruptcy and Tax Law for Virginia on
Q: i was recently (sept 2015) discharged from a chapter 13 bankruptcy, the irs was included in my payment plan i recently

received notice from irs that i owe additional money from 2004,06,07,08, and 09. my attorney says that they will not help because my case ended in September. i feel they should still represent me because those years were included in my chapter 13. am i wrong?

Russell J. Haynes
Russell J. Haynes
answered on Apr 7, 2016

The IRS is often very bad about posting payments received during bankruptcy to the correct modules. A chapter 13 plan must pay all of the "priority" tax debts in full over the life of the plan. So the IRS should have applied the money they received from your plan payments to your... View More

1 Answer | Asked in Tax Law for Virginia on
Q: 2 individuals each with a SMLLC buy rental property titled JTWROS(Virginia). Are they required to file a 1065?

May they elect to simply file their % of income and expenses on sch Es

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 12, 2015

Your question is incomplete and confusing.

I assume that a SMLLC is some sort of a limited liability company. And they own the property as joint tenants with the right of survivorship. If title is in "[LLC #1], and [LLC #2], as joint tenants with right of survivorship", this...
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1 Answer | Asked in Tax Law for Virginia on
Q: I purchased a home at a tax auction. Can I legally get rid of all contents inside that belonged to previous owner?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jul 22, 2014

Probably, but it may depend on details related to how the person lost the home and when they left the home. This link may help: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000011000010000000.

1 Answer | Asked in Tax Law for Virginia on
Q: Do I need to make estimated/interim payment for a consulting fee received on December 31?
Jennifer Louise Long
Jennifer Louise Long
answered on Mar 2, 2014

If you have received the consulting fee and have not paid estimated taxes on that, you will be taxed on that amount when you file your tax return. You can wait until you file, but your year-end tax liability will be higher than if you made your estimated tax payment on it. I would encourage you to... View More

1 Answer | Asked in Tax Law for Virginia on
Q: Can a federal tax lien cause denial of a passport renewal?
Terrence Jay Moore
Terrence Jay Moore
answered on Oct 20, 2013

In 20 years I have never seen a tax lien cause a denial of a passport

2 Answers | Asked in Tax Law for Virginia on
Q: My brother died without paying taxes for over ten years. There was no will or executor. Nothing left. Who must pay?

Brother died with no will and around ten years of unpaid federal taxes. No executor was formally declared, Father is beneficiary of 401k that was collected and cashed, Small cash ammount taken out of bank by other brother and apartment cleaned out. Other brother did not formally settle the estate... View More

Jennifer Louise Long
Jennifer Louise Long
answered on Sep 29, 2013

Hello,

Normally, when a person dies their assets go through probate. And those assets are subject to the claims of creditors - including the IRS. This allows the IRS to go after the estate for the payment of back taxes. It is the responsibility of the person designated to distribute the...
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1 Answer | Asked in Tax Law for Virginia on
Q: If I won a ring worth 15k would I have to pay taxes on it since it was a prize?
Michael W. Eaton
Michael W. Eaton
answered on Mar 21, 2011

The short answer is "yes". The only open question is that of what tax year is the proper one for reporting.

1 Answer | Asked in Tax Law for Virginia on
Q: Does the Commonwealth have the right to levy a bank account owned by three individuals for delinquent taxes owed by one?
Paul A. Prados
Paul A. Prados
answered on Feb 10, 2011

Their right to recovery is limited by a number of factors. If you or the other account holder are the primary contributors to the bank account and you want to protect your money you need to speak with an attorney quickly to explore your options.

Your major problem with a tax levy, is that...
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1 Answer | Asked in Tax Law for Virginia on
Q: If we have settled an estate except for sale of real estate can we get an extension on Statement in Lieu of Accounting?
Paul A. Prados
Paul A. Prados
answered on Jan 17, 2011

Request an extension from your Commissioner of Accounts. They will likely work with you as long as you keep the Commissioner's office well informed and follow their instructions.

Given that there is sale of Real Estate, you may need to file something other than the Statement in Lieu of Accounting.

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