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West Virginia Tax Law Questions & Answers
1 Answer | Asked in Estate Planning and Tax Law for West Virginia on
Q: As my grandmothers poa, what can I do with an inheritance check for her?

My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More

James L. Arrasmith
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answered on May 18, 2024

As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: My 401K cashed me out without me requesting, I now owe taxes on 54000, is there anything I can do to reduce the damage?

I was put on 100% disability, and during this time I was unable to make the payments on my 401k so without my request or permission they cashed me out and sent me my one stock certificate they valued at 54000. I now owe taxes on 54,000 added to my social security of 34000 a year. I need to ask if... View More

James L. Arrasmith
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answered on Mar 4, 2024

When faced with unexpected tax liabilities due to an involuntary 401(k) distribution, it's crucial to explore all available options to minimize the financial impact. Beyond the 10% penalty waiver for early withdrawal, which you're already considering, there are a few strategies that might... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: Property tax with two other names on land about to loose it but the other two names aren't helping any thing we can do

About to loose property and the other two people names on property haven't helped

James L. Arrasmith
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answered on Feb 22, 2024

When property in West Virginia is co-owned and facing potential loss due to unpaid taxes, it's crucial for all parties involved to understand their rights and obligations. If the other co-owners are not contributing to the payment of property taxes, the responsibility still falls on all owners... View More

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: If a home sales (lived in more than 2 yrs), with proceeds <$100K, will I get taxed if I sit on the money buying a house

Will the proceeds get taxed capital gain if I take my time 1 to 2 years not buying another house. Proceeds of the home sales is less than $100K

Matthew J. Sherman
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answered on Mar 23, 2023

If you meet certain conditions, you may exclude the first $250,000 of gain from the sale of your home from your income and avoid paying taxes on it. The exclusion is increased to $500,000 for a married couple filing jointly.

1) Your home sale must not have been property you acquired in a...
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1 Answer | Asked in Tax Law, Federal Crimes, Identity Theft, Criminal Law and Divorce for West Virginia on
Q: I’m currently in the middle of a divorce and I just found out my exwife filed her taxes married/joint and the preparer

She used plugged in my info from 2 years ago. When I found out and confronted her she started blaming the party that prepared her taxes. When I talked to them they said she came in with court papers and then they hung up on me. I’d like to know what my options are at this point. I’ve already... View More

James L. Arrasmith
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answered on Mar 19, 2023

If your ex-wife filed a joint tax return using your information without your knowledge or consent, this could potentially constitute identity theft and tax fraud. It is good that you have already taken steps to report the fraud to the Identity Fraud Department and the IRS.

You may also want...
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1 Answer | Asked in Tax Law for West Virginia on
Q: Roth IRA Contribution and Withdrawal Question with AGI greater than $214,000 (2022)

I have a traditional federal govt retirment account and a Roth IRA which I started in 2022. Im also over age 60 in 2022. I made contributions not knowing that my household income would exceed the IRA limit. I have not filed my tax return for 2022. I requested a Roth IRA withdrawal for the exact... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you have made a contribution to a Roth IRA for tax year 2022 and your modified adjusted gross income (MAGI) exceeds certain limits, you may be subject to an excess contribution penalty tax. For tax year 2022, the phase-out range for Roth IRA contributions for individuals filing as single or head... View More

1 Answer | Asked in Tax Law for West Virginia on
Q: I went through a divorce and my exhusband gave my dogs away to someone, they paid taxes on and won’t give them back.

I’ve tried to get my dogs back but the police say there’s nothing they can do since these people pay taxes on them. I raised both of these dogs from birth. Is there anything I can do to get my dogs back, please help!

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 26, 2020

If the domestic orders reference the animals you can bring a contempt action. Otherwise you can't prove the animals were not subject to your ex-husband's control to sell. If the animals were listed as property belonging to you or to be transferred to you as part of the property settlement... View More

1 Answer | Asked in Real Estate Law and Tax Law for West Virginia on
Q: Can I get my sister off the deeds land/house in WV. I'm the only one paying the taxes since my parents passed away 2012

My parent passed away 2012. We Auctioned everything expect for almost 100 acres of land and 1 house with land. My sister has been on drugs, in and out of jail. The house and land are still in the estate with the sheriff office in Randolph county WV. Because there was no will an we could not figure... View More

David Ostrove
David Ostrove
answered on Mar 5, 2020

You may be able to gain title by adverse possession, but you really need an opinion from a WV lawyer. All property law is state law. All best wishes.

1 Answer | Asked in Tax Law for West Virginia on
Q: Social security number used

My son used his brothers ssn# to obtain employment with a driving company. Should he contact the company for a new w-2, or the IRS to have the # changed in order to properly and legally file taxes?

David Ostrove
David Ostrove
answered on Feb 27, 2020

YES!

1 Answer | Asked in Tax Law and Traffic Tickets for West Virginia on
Q: If u don't pay off your tickets by time you file taxes won't they automatically be taken from the tax money? When u file

I believe i was told by the court house that if couldnt finish paying tickets by tax time then it would come out of tax return Im just wondering if they take care of it when you file or when the money comes

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 13, 2020

The state can't intercept your federal refund. West Virginia will offset your state refund if you have unpaid fines. They have to send you a letter and then wait 90 days. They're supposed to anyway. They take out an extra $25 for their troubles. If this is a concern I would file an... View More

1 Answer | Asked in Tax Law and Real Estate Law for West Virginia on
Q: What are the options to avoid paying a significant amount of taxes on a flip profit of approximately $60,000 each?

A friend and I plan to purchase a property from an individual who owes taxes on it and cannot pay them. We would purchase it for $15,000 and plan to invest $30,000 to renovate it. I have read about short term gains and taxes owed when owning it for less than a year, 1 year or no taxes if it was... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 20, 2019

You've successfully confused all the tax rules at one time. I'm a little impressed.

1. Personal residence exclusion is not an option unless you want to move into it and live there as your primary residence for at least 2 years.

2. A house is a capital asset so if you own...
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1 Answer | Asked in Tax Law for West Virginia on
Q: My dependent who is my live in girlfriend has defaulted student loans if I claim her can the IRS take my refund?

She has no income what so ever isn't disabled nothing like that just defaulted student lons

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 15, 2017

Your refund will not be intercepted for the student loan debts of a dependant. If you file as married the return will be intercepted and you would have to file for injured spouse relief (not the same as innocent spouse relief).

1 Answer | Asked in Tax Law and Family Law for West Virginia on
Q: I have a newborn baby and me an my boyfriend are 17 living with his parents are they aloud to file there taxes on

Me an my baby Without legal guardian ship in wv

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

You parents may list you, and/or your baby, and/or your boyfriend on their return as dependents if any of you are dependents according to the IRS. The test is presented in publication 501 and can be found here: https://www.irs.gov/publications/p501/ar02.html.

For relatives the test is:...
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1 Answer | Asked in Tax Law for West Virginia on
Q: If Someone transfers me above $80000 multiple times a year and I spend it right after, will I be in legal/IRS trouble?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

There might be gift tax liability.

Also, there are federal money-laundering statutes which however I believe apply to transferors, not transferees such as you. You might want to consult with an attorney or financial professional to be sure.

1 Answer | Asked in Tax Law for West Virginia on
Q: DOES THE PARENT HAVE TO FILE A TAX STATEMENT SHOWING THE GIFT IF YOU ARE OVER 21 ARE YOU A MINOR IF YOUR PARENT GIFTS U
Zaher Fallahi
Zaher Fallahi
answered on Nov 19, 2013

Regardless of the child's age, if the gift is greater than $14,000 per person per year, the donor must file a gift tax return, form 709. If husband and wife want to split the gift they must state show in the form 709.

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