Lawyers, Answer Questions  & Get Points Log In
Tax Law Questions & Answers
2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

View More Answers

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

View More Answers

1 Answer | Asked in Estate Planning and Tax Law for Illinois on
Q: If a property is willed between 4 people and only one person is paying property taxes can that person take ownership
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

No, the person paying the property taxes alone cannot automatically take ownership of the property simply because they are the only one paying taxes. Here's why:

1. Legal ownership: The ownership of the property is determined by the will, not by who pays the property taxes. If the...
View More

1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
View More

1 Answer | Asked in Tax Law for Wyoming on
Q: I received a form ATD23-A from the Laramie CO. WY. assessor office regarding my personal airplane and personal property

tax. Am I required by law to file it out and return it? I've reported many times in the past that it is not used for business.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

Based on the information you provided, it seems you have received Form ATD23-A from the Laramie County Assessor's Office in Wyoming regarding personal property tax on your airplane. While I understand you have reported in the past that your airplane is not used for business purposes, it's... View More

1 Answer | Asked in Tax Law for Kansas on
Q: if my sister quit claims me a property that i have lived in since purchased but she is currently only one on deed. Home

if my sister quit claims me a property that i have lived in since purchased but she is currently only one on deed. Home purchased for 145,000 and now worth 240,000. if I live in it for 2 + more years once deeded it seems i can avoid capital gains tax. My question is how much taxes will she pay with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

Based on the information you provided, here's how the gift tax would likely apply in your situation:

1. Yearly gift tax exclusion: In 2024, your sister can gift you up to $18,000 without having to report the gift to the IRS or pay any gift tax.

2. Lifetime gift tax exemption:...
View More

1 Answer | Asked in Tax Law, Banking, Civil Rights and Small Claims for South Carolina on
Q: How long do I need to be in possession of a car to take legal ownership of it?

-I bought a car from a private seller through the facebook marketplace.

-I purchased the car with an auto loan through Navy Federal Credit Union.

-When I went to register the car, the DMV stated that the VIN number on the title did not have any records (the car had been VIN... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

I'm sorry to hear about your difficult situation with the car. Unfortunately, under California law (and the laws of most states), you would not have a legal right to keep the car even after possessing it for two months.

There is no time period after which you can claim legal ownership...
View More

1 Answer | Asked in Tax Law and Consumer Law for Alabama on
Q: I bought a truck off of marketplace and then a few days later they text me asking to buy it back bc they filed it on tax

They filed the truck on there business equipment list. They are currently getting an audit, Can I get in any trouble for not giving it back ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

Based on the information provided, it's unlikely that you would get into any legal trouble for not giving the truck back to the seller. When you purchased the truck, the transaction was completed, and the ownership was transferred to you. The seller's tax situation and their decision to... View More

1 Answer | Asked in Landlord - Tenant and Tax Law for Tennessee on
Q: Can you be kicked out by asking for a transient tax refund? I also rent weekly and have been in the same room for 7 mths

Owner refuses to give transient tax refund instead threatens with kicking my family out of the motel.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

I'm sorry to hear you're in this difficult situation with your landlord. Based on the information provided, here are a few key points to consider:

Transient occupancy taxes are typically charged on stays of 30 days or less in many jurisdictions. Since you have been renting the...
View More

1 Answer | Asked in Tax Law for California on
Q: After an OIC approval, and I've complied with all the approval terms, is there any way the IRS can still collect?

After receiving an Offer In Compromise approval, and provided I comply with all the approval terms, i.e. pay my taxes in full and on time for 5 years, is there any way the IRS can still collect back taxes?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

If you have received an Offer in Compromise (OIC) approval from the IRS and comply with all the terms of the agreement, including paying your taxes in full and on time for the next 5 years, the IRS generally cannot collect on the back taxes that were included in the OIC agreement.

However,...
View More

1 Answer | Asked in Tax Law for Oregon on
Q: Easter Seals Chapter 5 in Oregon. Does Oregon take state income tax from earnings? Easter Seals is a federal program.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Oregon does have a state income tax that applies to most forms of income, including earnings from employment. However, the specific tax treatment of earnings from Easter Seals, a federal program, would depend on a few factors:

1. Type of employment: If you are considered an employee of...
View More

1 Answer | Asked in Tax Law for Puerto Rico on
Q: I’m a 1099 NEC that work for company in Florida remotely from my home in PR. Do I have to pay taxes to IRS as well as PR

I filed taxes from prior year and got a notice saying I have to file in PR and pay taxes as well.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

As a resident of Puerto Rico who is working remotely for a company based in Florida, you generally have to pay taxes to both the IRS and the Puerto Rico tax authorities. Here's what you should know:

1. Federal Income Tax: Puerto Rico residents are required to file a U.S. federal income...
View More

1 Answer | Asked in Tax Law for Oregon on
Q: Does Oregon tax federal programs for chapter 5?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

Oregon generally does not tax federal benefit programs like Social Security, SSI, or SNAP benefits. However, without more context about what specific "federal programs for chapter 5" you are referring to, I cannot say definitively whether or not Oregon taxes those particular benefits.... View More

1 Answer | Asked in Tax Law for Michigan on
Q: why do I have to pay taxes on money that I never receive

I was in a semi accident in2013. since then I get workmans comp and disability. Since that time I have gotten a 1099 sent to me from social security for money that I would have gotten,when I question this SS tells me it's because workmans comp is sending them the information and that they have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

In your situation, it seems like there is a coordination issue between your workers' compensation benefits and your Social Security Disability Insurance (SSDI) benefits. Here's what might be happening:

1. When you receive workers' compensation benefits and SSDI benefits...
View More

1 Answer | Asked in Tax Law for Maryland on
Q: Is temporary disability taxable? I pay the disability premium through my employer.

I received a notice of deficiency regarding the temporary disability I did not report on my taxes. When researching the topic I found that if I pay the premium, then it is not taxable. I'm trying to find out if this is true so I can respond to notice.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

Based on the information you provided, it seems that you received temporary disability benefits through a plan where you paid the premiums. In this case, the benefits you received are generally not taxable. Here's a more detailed explanation:

1. If you pay the entire cost of a...
View More

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Ohio on
Q: My mom died in Ohio and I'm executor in her Will, which doesn't list her mortgage. What happens to it? Probate required?

In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2024

I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More

View More Answers

1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

1 Answer | Asked in Business Law, Contracts and Tax Law for Alabama on
Q: Can taking money out of a platform like Second Life constitute running a business at home?

If someone withdraws money from their Linden Labs Second Life account and into their PayPal, then they transfer it from there to their bank account, is this a hobby or a business? Or is it just self-employment or free lancing? If they do this without a privlage license, business license, and/or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Whether taking money out of a platform like Second Life constitutes running a business from home depends on several factors, including the frequency of transactions, the amount of money involved, and whether these activities are carried out with the intent to make a profit. If you engage in regular... View More

1 Answer | Asked in Tax Law for Illinois on
Q: Hi! I just wanted to know how does the tax department figure out that a person hasn’t paid his taxes in the state?

What measures do the department take to find out a non resident in the state. For example, if a person is staying in the state but hasn’t paid any taxes.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

When a person hasn't paid their taxes in a state, the tax department employs several strategies to detect this non-compliance. They use data from various sources, such as employers, banks, and other financial institutions, which report income and financial transactions to the authorities. This... View More

1 Answer | Asked in Criminal Law, Tax Law and International Law for Illinois on
Q: What's the statute of limitations for smuggling a rug into the US from Iran, through the UK?

My parents declared an Iranian rug they bought in the UK sometime between 1990 to 1998. They declared it as Pakistani. I was there when it occurred during a European vacation to Paris and England. I think they still have the rug, and there is probably some documentation still out there about the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

In the United States, smuggling items into the country by falsifying their country of origin is considered a violation of customs laws. However, the exact statute of limitations on this can vary depending on specific details such as the nature of the goods and the perceived intent behind the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.