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Washington Tax Law Questions & Answers
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 retaining...
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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

Best,...
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1 Answer | Asked in Tax Law for Washington on
Q: I quit my NC Job & moved to WA late 2017; got a bonus from NC job in 2018. No work/resident in NC 2018. NC Tax on bonus?

I left my Raleigh NC job at the very end of 2017. In 2018 I didn't work any hours for my NC job nor was I a resident. I moved to WA state where there is no state income tax and I work at a full time job in Richland WA. If I didn't live in NC or work in NC....and a NC company sent me a bonus check... Read more »

Eric Steven Day
Eric Steven Day answered on Jul 17, 2018

The bonus that you received was in relation to work that was performed in NC, therefore, NC can tax you in relation to that income. If the income was produced or "earned" in that state's jurisdiction, that state has the right to tax that income. The other way that a state would be allowed to tax... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Taxation on transfer of crypto currency across country border

I am resident of US for tax purpose (have job in US). I have transferred money from My foreign account to US account. I have used this money to buy crypto currency and sold this crypto currency in INR with profit. The money from sale got transferred to my Indian account. I transferred this money to... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Jan 26, 2018

When you are a US resident for tax purposes, all of your worldwide income is taxed in the US, regardless of where the proceeds are deposited. This means that, in addition to being taxed on your virtual currency transactions, you would also be subject to tax on the earnings in any Indian bank... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: I need to file an amended tax return for 2015.

I need to file an amended tax return for 2015. I have to change my filling status from single to married filing jointly. My wife was not a US resident in 2015, so I filed as single. What I want to know is, am I allowed to use her social security number now to amend my 2015 return? Even though she... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Jan 5, 2018

If you were married to your wife at the end of 2015 (regardless of whether she was US resident at the time), you can file for a Married Filing Joint status. However, by her consenting to filing jointly with you she is agreeing to be treated as a US Tax Resident for many tax purposes. This means... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: When operating under a entertainment (dancing) license as an independent contractor, what taxes must I file?

I'm assuming I must file my personal taxes (which should cover my income and deductible expenditures) but do I need to file other business taxes? Does my time to file change?

And I just read that maybe I should have been paying as I earned; is this correct? I didn't explicitly file to be... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Dec 20, 2017

It sounds like you would be classified as a Sole Proprietor for purposes of your tax filings. This means that your personal income tax return will include a Schedule C where you will declare your income from dancing and any deductible expenses associated with producing this income. This will also... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Can a publisher legally file their taxes without knowing the real names of the authors who publish through them?

I apologize if this is a dumb question, but I am a bit on the young side so I (fortunately) have not had much tax experience.

To make a long story short, I have been considering trying to start a small publishing house that focuses on maintaining anonymity for the author - not even I would... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on Oct 11, 2017

This proposed business model may cause some issues with intellectual property and copyright issues (and perhaps other issues if the reasons for secrecy impacted criminal law concerns), but for tax purposes the biggest issue would be not being able to issue 1099s to your authors. Typically... Read more »

1 Answer | Asked in Criminal Law, Tax Law, Business Law and Divorce for Washington on
Q: Divorcing my spouse & we started a construction company about 25 years ago, suspect corp embezzlement by him & officers

My soon to be ex and his business partners have dissipated our business in violation of court orders, taken out and spent all the money ($300K in meals and entertainment in 2 years), casinos, trips, his secretary/girlfriend fixing her car buying her clothes, trips etc. The business is now out of... Read more »

Michelle D. Wynn
Michelle D. Wynn answered on May 3, 2017

You are likely going to need a business attorney in your area to represent you in any dealings with these creditors who are hounding you. The business attorney should be able to advise you on any potential exposure to creditors claims and defend you if any creditors attempt to collect against you... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: I am a caregiver for adult disabled child. I am paid by the state. I normally receive a 1099 and file that as

Nontaxable income but this year i received a w2. Do i file the same way or do i owe income tax on this?

Matthew M Montoya
Matthew M Montoya answered on Feb 8, 2017

The most important question is why believe the 1099 income was not taxable. IRS publication 525 specifically lists the kinds of income that are not taxable. https://www.irs.gov/pub/irs-pdf/p525.pdf You may be able to get a caregiver tax credit if you are a family member or "qualifying relative."... Read more »

1 Answer | Asked in Tax Law, Divorce, Family Law and Child Support for Washington on
Q: What is the best way to approach the fact that my Husband is not disclosing his actual income? Do I bring it up?

For 10 years he has said he didnt have his taxes filed, he produced fake paystubs with bank statements for different periods. He has never complied with LFLR 10. This is a post secondary support that is now a full modification and they are saying it hasnt been 2 years HELP!!! There reallly is a... Read more »

Matthew M Montoya
Matthew M Montoya answered on Feb 6, 2017

Contact a tax attorney immediately. If you are a low income taxpayer, you can go to a low income taxpayer clinic in your state.

This is very serious and shouldn't be handled by yourself.

1 Answer | Asked in Tax Law and Business Law for Washington on
Q: For a single-person LLC choosing to be taxed as an S-Corp, what if revenue isn't enough to pay a "reasonable salary?"

I understand salary must be "reasonable in industry standards" but who decides that, and what if there simply isn't enough revenue to sustain a "reasonable" salary for the owner? I'm a sole prop now (just me, pretty small income), and I'm trying to study the pros/cons of moving to... Read more »

Matthew M Montoya
Matthew M Montoya answered on Jan 26, 2017

To put things in perspective, it's important to remember that an S-Corporation is its own legal person, separate and distinct from its owners. When you, as a single person, elect to turn your LLC into an S-Corporation, you automatically wear two hats - that of a business owner and that of an... Read more »

1 Answer | Asked in Tax Law and Real Estate Law for Washington on
Q: How strict are the "live two years out of the previous five" to get the tax exemption when selling a house?

We've been in and out of the house over the last three years between renters. Does every day count or is it "generally" two years. What kind of documentation is required?

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 15, 2016

It's a hardline rule, 1 year 364 days doesn't work. It's also more complicated than just 2 of 5, there's 5 steps that can be found at https://www.irs.gov/publications/p523/ar02.html#en_US_2015_publink10008937. IRS Pub 523.

1 Answer | Asked in Criminal Law, Employment Law, Immigration Law and Tax Law for Washington on
Q: can i do affiliate marketing on Opt status and H1 my course subjects are related to computer science

i was doing masters that will be completed by May 2016 i am good affiliate marketer in my country so i want to do affiliate marketing for some famous sites ,some even gave me permission to do seeing my background on marketing but i am not doing anything now ,am i eligible to do that , some of... Read more »

Shan Dimitris Potts
Shan Dimitris Potts answered on Feb 5, 2016

You can do as many jobs as you want when you are on OPT, but you will have to report all those jobs and they pay taxes properly. If you get an H1 you can not work for anyone else except the employer who sponsored your H1 visa. All the best.

-Shan Potts

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1 Answer | Asked in Tax Law for Washington on
Q: Tax Lawyer Please 1099-C for S - Corp

We had a S corp small business. Foreclosed on in 2012. We now get a 1099-c for the corp and I do not know what to do with it.

I have checked the IRS web site, not sure where to look for closed business information.

One of the sites mentioned section 108 of the tax code, that "If the... Read more »

Zaher Fallahi
Zaher Fallahi answered on Jan 18, 2016

For handling the canceled debt in an S corporation, have your accountant potentially review (Sec. 108(d)(7)(A)) and Gitlitz, 531 U.S. 206 (2001), in case. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: If I have tax credits can I use them to pay for my self employment tax?
Zaher Fallahi
Zaher Fallahi answered on Jan 3, 2016

Generally, a tax credit may reduce all type of taxes, including your SE taxes. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. For specific advice, please consult a tax attorney in person. Good luck.... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: Can you help with Schedule C

Recently I was made aware that we should amend our tax returns to add self employment income I made for which I was paid cash..which was about 2k per year..

Those work were random and not consistent so I don't have any license etc. for that...for example 1. I helped my friend to fix his... Read more »

Zaher Fallahi
Zaher Fallahi answered on Dec 5, 2014

Use your best estimate with respect to income and expenses to amend your tax returns and the schedule C. Put down “Service/Sales” and “Miscellaneous” for classification. The important thing is that you file the accurate tax returns and pay the accurate tax amount. Good luck. Zaher... Read more »

1 Answer | Asked in Tax Law for Washington on
Q: MY SISTER AND I PURCHASED A HOME TOGETHER. I HAVE ANOTHER SISTER THAT OWES MONEY TO THE IRS, BUT SHE IS NOT LISTED AS AN

IS NOT LISTED AS AN OWNER ON MY MORTGAGE. SHE OWES MONEY TO THE IRS. IF SHE MOVES INTO MY HOME AND SHE BECOMES DELINQUENT ON THE AMOUNT SHE OWES TO THE IRS OR IS UNABLE TO PAY AT ALL,CAN THE IRS COME AFTER ME OR MY SISTER OR MY PROPERTY? THANK YOU

Zaher Fallahi
Zaher Fallahi answered on Nov 30, 2013

So, your sister who has no ownership interest in your property, which is co-owned with another sister, moves to and lives in you property. The IRS cannot come after the property owner; you and the other sister. The IRS can only attach her own assets, not where she live in. Good luck.

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