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Washington Tax Law Questions & Answers
1 Answer | Asked in Family Law and Tax Law for Washington on
Q: What can you do if your divorce papers say you can claim your child odd years and your ex disregards this and claims her

His ex is saying it’s whoever filed first gets to claim her but the divorce papers state she gets even years and he gets odd years

Laura Helen Fitzgibbon
Laura Helen Fitzgibbon answered on Mar 6, 2022

You can bring them in for a contempt hearing for violating the child support order. In your declaration, I’d attach the email or text messages where your ex made these statements. Please reach out if you need representation!

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: How do I transfer inherited property.

I am the executor and sole beneficiary to my mother's estate. How do I transfer the deed to her house to my daughter?

Renee Louise Roman
Renee Louise Roman answered on Feb 26, 2022

Depending on the circumstances, probate may have to be initiated in order to properly transfer the property. A real estate lawyer can prepare a deed and tax affidavit which can then be executed and recorded. You may wish to contact an attorney who practices both real estate and probate to... Read more »

1 Answer | Asked in Family Law and Tax Law for Washington on
Q: Can non custiodial claim child on taxes if he didn't pay childcare or medical expenses court ordered too throughout year

In previous order if child support was in arrears he couldn't claim. That was forgotten in new orders. It does state he claims oldest. I have paid all childcare and medical expenses while he refused to follow orders. Support enforcement is garnishing but I have to wait until next year to file... Read more »

Zachary C Ashby
Zachary C Ashby answered on Feb 10, 2022

This all depends on what your child support order states. If the child support order places conditions on claiming the tax benefit, he must meet those conditions.

If there are no conditions, he can claim because the order says he can.

Now, if he owes money, all you need to do is...
Read more »

2 Answers | Asked in Contracts, Immigration Law and Tax Law for Washington on
Q: Hi. I would like to open an LLC with two other partners in WA state. None of us is a US resident. Can we do it?

All of us partners live abroad, not in the US and none of us has green card or citizenship. What do we need to register and start the business and what tax policies are we facing in WA state as non residents?

Thanks for any help!

Kyndra L Mulder
Kyndra L Mulder answered on Nov 13, 2021

There are a few business visas you may qualify for. It sounds like investor visa's may be the avenue best suited for you. An investor visa requires a substantial investment provided you are from a treaty country . It would be wise to make your first investment into the retaining of an... Read more »

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2 Answers | Asked in Personal Injury and Tax Law for Washington on
Q: As the title holder am I held liable for what the registered drives does? Accidents? Death?

My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 21, 2021

As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old... Read more »

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1 Answer | Asked in Estate Planning, Tax Law and Probate for Washington on
Q: What can I do to obtain W2-G's for my deceased mother so I can file her taxes?

The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... Read more »

Jadrian Michael Coppieters
Jadrian Michael Coppieters answered on Jun 3, 2021

If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... Read more »

1 Answer | Asked in Tax Law and Admiralty / Maritime for Washington on
Q: What is the proper way to go about transferring a stimulus relief payment that was issued to the wrong person?

My client is a fisherman and owner of a boat/company. He went on a temporary medical leave and transferred the name on his business permit to a long term employee. The employee subsequently filed an application for the seafood trade relief program. He obtained a near $18,000 check from the USDA,... Read more »

Tim Akpinar
Tim Akpinar answered on May 14, 2021

I'm sorry your question remains open for three weeks. At this point, you could reach out to tax attorneys in Washington State. There's a link above (Find-a-Lawyer), or you could search online on your own. Maritime attorneys aren't likely to know about the issues you raise - a tax... Read more »

1 Answer | Asked in Employment Law and Tax Law for Washington on
Q: I am taking severance pay. They are classifying as a gift and taking 35-40%in taxes. Is there a way to make it pay?

My position is being eliminated. I'm taking severance pay. Want to get it as pay not a gift with huge taxes taken. Can that be done?

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

This seems strange. In a business context and where services are involved, it seems unlikely that any payment can be considered a gift. This sounds like taxable income to me. Regardless of how the employer treats it, you still have the responsibility to report all of your taxable income and if... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Does my WA LLC need to register for a state tax ID if we won't be making any gross income?

I have registered a WA state LLC just recently, and will be working with 1 other colleague. I have also obtained a federal tax ID.

However, we won't be making any money for a while. Is it necessary to get a state tax id if we will not have any gross income? I know washington has a... Read more »

David Ostrove
David Ostrove answered on May 3, 2020

The State of Washington probably requires an annual report from your LLC and an annual fee of $71.00

You should consult a State of Washington Lawyer when you set up an entity such as an LLC.

The profits and losses of your LLC pass through your LLC to the owners of you LLC.

2 Answers | Asked in Tax Law and Immigration Law for Washington on
Q: If we go back and amend our 2019 tax return by adding my newly acquired SSN, would that qualify our family for a check?

I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.

I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... Read more »

Adan Vega
Adan Vega answered on Apr 21, 2020

You should consult with a CPA or a licensed tax accountant to assist you in amending your tax return. Hopefully, the amendment can put you in position for a stimulus check.

Good luck to you.

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1 Answer | Asked in Tax Law for Washington on
Q: My husband has taken draws from a company that he is part owner in for two years and hasn’t claimed as income on taxes.

He has always handled taxes in past and I just found this out. Is this illegal? What could the ramifications be for me as a spouse? If I file separately, can I avoid being responsible for his decision? Legal seperation is in the works for marriage

Linda Simmons Campbell
Linda Simmons Campbell answered on Apr 16, 2020

If you have or will file any joint tax returns with him you are both separately and jointly liable for any taxes due whether they are due when the return is filed or as the result of an audit. If you file separately you will not be liable for any of his tax debt for the years you have filed... Read more »

1 Answer | Asked in Tax Law, Gov & Administrative Law and Social Security for Washington on
Q: Who is entitled to the stimulus check?

A couple days ago my husband was arrested and will most likely be doing prison time.

We are separated (not legally) and filed married filing jointly for 2019.

When the 1200 for him comes with the stimulus check, am I legally entitled to keeping it?

The reason I ask this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

This is not a legal question. This is a serious family control question--the answer to which will be answered by the two people affected: you and your husband.

I will ask you a question to give you a large hint as to the answer: If your husband was awarded the Medal of Honor for bravery...
Read more »

1 Answer | Asked in Tax Law for Washington on
Q: I didn't file my taxes from 2008 and possibly 2007 due to the fact that I was both physically and mentally impaired

At this time. I was due a refund and was wondering if I am still eligible for it? I read somewhere that exceptions were made for such impairments. I haven't worked since till this year when I did file and will it effect this or the 1200 stimulus check I may receive?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

Sorry, but you are way too late to try to catch that gravy train--which left the station over 12 years ago. But who knows? If you did file a tax return for 2018 you might luck out and receive $1,200.

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to...
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1 Answer | Asked in Family Law, Tax Law and Child Support for Washington on
Q: I need some advice in regards to the IRS form 8332 and the verbiage.

On my husbands child support documents it states that in order for him to be able to claim his daughter (with his ex-wife) on his taxes “as long as he is current on his child support obligation. Current shall be defined as making all the monthly current support payments and making all the monthly... Read more »

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

Without seeing the document I tend to agree with your interpretation, however, there may be something else within the document that could change my answer. That being said, your husband should call the attorney that handled his divorce to double check. If they are unavailable, he should call the... Read more »

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

1 Answer | Asked in Tax Law for Washington on
Q: A property owned free and clear and is not being used for commercial activity, is not taxable. In other words your home

In order for an avalone Tax to occur you must have situs. Private homes are not taxable. You cannot tax a right. We have the right to property.

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 27, 2019

Your premise that private homes are not taxable is false.

What is an avalone tax?

Also, you didn't actually ask a question.

Also, also, if you're trying to avoid a tax by arguing definitions and rights you're going to have a bad time.

I would suggest...
Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: My brother and I own rental houses jointly in our home states, Washington and California. We've decided to split up.

I'll take the houses in my state and he'll take the one in his. I'll pay him the difference to equalize the values. Can we just sign quit claim deeds and are there any tax consequences? The houses have all been appraised and we agree on these terms.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

If either of you enters into this planned transaction without benefit any lawyer's advice, IMPO one or both of you will probably not like the result.

1 Answer | Asked in Employment Law and Tax Law for Washington on
Q: Is it normal for your total amount on withholdings on your w2 not match your total amount on your last pay check

Should your w2 info match info on your last pay stub

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

Many companies use two separate programs when creating paychecks and W-2 forms; and this is especially true in companies that use third party payroll companies and third party CPAs to prepare 1099s and W-2s. In most cases the difference is too tiny to be concerned about. When choosing which one to... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Can my current wife and I gift my townhome to my son and his mother, my first wife without paying a gift tax?
Chad Silver
Chad Silver answered on Nov 16, 2018

This depends on how much the value of the townhome is. There are tax free gifts available but it depends on the amount to be gifted. Please give my office a call so we can discuss the proper gift tax returns and amounts you can gift tax free. Call Silver Tax Group at 855-900-1040



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