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Wisconsin Tax Law Questions & Answers
1 Answer | Asked in Tax Law and Municipal Law for Wisconsin on
Q: My town -- town of Gibraltar is still charging me a TUF tax. Is this legal?

The town started charging after the Buchanan case was filed. CASE NO.: 2022AP1233

my town continues changing even though it was illegal there. It says the supreme ct agrees. Does that mean this town can keep charging me or is it illegal? It is a very unfair tax based on the feet of road... View More

James L. Arrasmith
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answered on Jun 25, 2024

It appears that the Town of Gibraltar is still charging you a Transportation Utility Fee (TUF) tax, which you're questioning the legality of given a recent court case. Let's break this down:

1. The Buchanan case (CASE NO.: 2022AP1233) you're referring to is likely the case...
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1 Answer | Asked in Tax Law for Wisconsin on
Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

James L. Arrasmith
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answered on Mar 28, 2024

If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to... View More

1 Answer | Asked in Business Formation, Tax Law and Business Law for Wisconsin on
Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending... View More

2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

Steven Goldburd
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Steven Goldburd
answered on Apr 4, 2024

If this is viable Not-For-Proft (or Non-Profit as some refer) then as long as they are within the bounds of non taxable gifts to their recipients. If the recipients are low income and qualify under the “NFP” charitable purpose then the donor would have a charitable deduction and the recipient a... View More

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2 Answers | Asked in Business Formation, Business Law and Tax Law for Wisconsin on
Q: Hypothetically, if an organization with the same model of habitat for humanity, but they give away houses.

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

James L. Arrasmith
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answered on Mar 24, 2024

If an organization similar to Habitat for Humanity decided to give away houses along with the land, several implications arise. First, the recipients would gain significant financial security and a sense of permanence, as owning both the house and the land secures their place in the community and... View More

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1 Answer | Asked in Tax Law for Wisconsin on
Q: What happens if I die and I owe the government for gambling win taxes

I have received at least fifteen hand pays from a casino and didn't have the taxes taken out

James L. Arrasmith
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answered on Oct 20, 2024

When you pass away with unpaid taxes on your gambling winnings, your estate becomes responsible for settling those debts. The government will claim the owed amount from the assets you leave behind before any distribution to your beneficiaries occurs. This means that your savings, property, and... View More

1 Answer | Asked in Tax Law for Wisconsin on
Q: Can my employer change my w4 withholdings without my consent or signature
James L. Arrasmith
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answered on Sep 18, 2024

No, your employer cannot change your W-4 withholdings without your consent or signature. The W-4 form you submit tells your employer how much federal income tax to withhold from your paycheck, and any changes to it must come from you. If they modify it without your approval, that could be a... View More

1 Answer | Asked in Tax Law for Wisconsin on
Q: Does this car count as a gift for vehicle registration purposes?

Someone else bought a car from a tow yard as a lein sale and gave it to me. They put the title in my name. Now I'm registering that car in my home state, and I'm being asked how much it was bought for and how much sales tax was paid. I don't know what he paid for the car. Do I claim... View More

James L. Arrasmith
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answered on Jul 18, 2024

For vehicle registration purposes, you should consider the car as a gift since you did not pay for it yourself. When registering the vehicle in your home state, you can explain that the car was gifted to you, and you are unaware of the purchase price. This is important because the sales tax you owe... View More

1 Answer | Asked in Employment Law and Tax Law for Wisconsin on
Q: I am a nine month employee in a school district in Wisconsin. I receive an insurance buyout benefit because I do not use

Their insurance. We used to get the amount divided between our paychecks during our 9 months of employment. They are now dividing that benefit by 12 months, so we get less per paycheck. We are contracted to work 9 months, not 12. They do retroactively pay the amount they withhold during the summer... View More

James L. Arrasmith
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answered on Sep 14, 2023

If your employment contract specifies a particular payment structure for the insurance buyout benefit during your 9-month employment, your employer should adhere to the terms of the contract. If they unilaterally change the payment structure without your consent, it could potentially be a breach of... View More

1 Answer | Asked in Tax Law for Wisconsin on
Q: I was wondering if I need to take an old employer to court if I had applied to work for them and during tax season

they did not provide me a w2 and instead sent me a 1099 NEC, which I researched and that form is an independent contractor or self-employed but I never verbally agree or have it in written contract paper that I was a self-employed or independent contractor and they never provided me a w9 form. So... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you believe that you were misclassified as an independent contractor and should have been classified as an employee, you should try to resolve the issue with your employer first. You can request a W-2 from your employer or provide them with your Social Security number to ensure that they report... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... View More

Thomas B. Burton
Thomas B. Burton
answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... View More

1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
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David N. Iancu
answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

1 Answer | Asked in Tax Law and International Law for Wisconsin on
Q: How do I pay custom duty?

I ordered a scooter on eBay from China for $25.99. I also ordered a charger which was $5.82 and a ring which was around $5 (they were all separate orders). I did my research and I found that it is most likely that I will not have to pay customs duty. However, in case I am wrong, I would like to... View More

David Luther Woodward
David Luther Woodward
answered on May 24, 2020

The delivery service will collect customs duty from you if it is due. The Delivery Service will probably be the United States Postal Service

1 Answer | Asked in Tax Law for Wisconsin on
Q: We had our fed. tax return e-filed march 5th and are due a refund which we have not gotten yet.

The online site says it is "still" processing. From what I have read when it says this "STILL" that means we need our Identity verified and should have gotten a 5071c letter. We have not received one. It's been close to 60 days since we e-filed with direct deposit.... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 1, 2020

Unfortunately a lot of IRS processes are slower than usual due to the current situation. There really is not anyone to contact at this time. IRS employees are slowly coming back into and doing more work from home but it is going to take time. Once the customer service lines are back up and... View More

2 Answers | Asked in Social Security and Tax Law for Wisconsin on
Q: How to file taxes using 2 different socials the same year?

My husband overstayed his visa, he was originally using a fake social. I told him to use his real social. He got a new job and put down his real social in November. Now, we’re wondering how to go about filing our taxes together jointly when he used two different socials in the same year. Any... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 30, 2020

People who create more than one SSN during their working lives are probably unaware that doing so hurts the person--because the contributions are split between the several different accounts--and they can only use one account to draw SS on later. In this case I suggest that your husband use his... View More

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2 Answers | Asked in Bankruptcy and Tax Law for Wisconsin on
Q: Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

A collection company has filed 1099 C or cancellation of debt forms with the IRS on past due debts they claim are mine. They have never taken legal action against me, I talked with them once after statute of limitations expired, I have never acknowledged owing debt, I have never offered any... View More

Timothy Denison
Timothy Denison
answered on Jan 28, 2020

Challenge them on your credit report as fraudulent and consult a debtors rights attorney about suing them.

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2 Answers | Asked in Foreclosure, Real Estate Law, Tax Law and Municipal Law for Wisconsin on
Q: What would total be on property tax bill w/interest for 8 yrs. on 11hundred a yr not paid (1% mo 12% yr) Vernon Cty, WI

If I hadn't been able to pay my property taxes for 8 yrs (and assuming they haven't foreclosed), at $1,100 a yr, what would the total bill be at the end of 8 years, with interest at 1% a month and 12% a year, in Vernon County WI.?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 24, 2019

calculator.com

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1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on
Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 24, 2019

As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."

In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay...
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2 Answers | Asked in Tax Law for Wisconsin on
Q: I need advice from a tax attorney

Tax returns offset for student loans that have been discharged

Andrew M Steiger
Andrew M Steiger
answered on Jun 5, 2019

The question may require some clarification. Did you receive a 1099 related to cancelled student loans that you now have to include in income on your 1040? Or are your refunds used /taken by the lenders to offset the cancelled student loans? Cancellation of debt income is often ignored or not... View More

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2 Answers | Asked in Tax Law and Probate for Wisconsin on
Q: Who is responsible for real estate property taxes on a Home being held in a testamentary trust for minor children?
Thomas B. Burton
Thomas B. Burton
answered on Mar 27, 2019

You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... View More

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