Ohio Tax Legal Questions

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123 legal questions have been posted about taxation by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include estate and gift taxation, income tax, and tax audits. All topics and other states can be accessed in the dropdowns below.
Ohio Tax Questions & Legal Answers - Page 4
Do you have any Ohio Tax questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 123 previously answered Ohio Tax questions.

Recent Legal Answers

How should I be paying my back taxes?

Answered 10 years and 11 months ago by Norman Harry Green (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
They may still be willing to make a new installment agreement. Can you pay at least $360 per month? Probably you are best off if represented by a lawyer.
They may still be willing to make a new installment agreement. Can you pay at least $360 per month? Probably you are best off if represented by a... Read More

Should I be concerned that my ex-wife is claiming both our children when in the decree it says she can only claim one?

Answered 10 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
No, you don't need to be concerned. Because your divorce was 11 years ago in 2004, all you need to do is attach a copy of the decree to your return to get the exemption. WARNING: For divorces in 2009 and after, the IRS decided to stop trying?interpret the divorce decrees of the 50 states (plus the various US territories and districts as well as foreign decrees). So for 2009 and later ?the IRS has a rule: if your spouse is the person who is qualifies under the tax law to take the personal exemption for a child, you can take that personal exemption only if your spouse signs a Form 8332 giving you the right to take the deduction. If your spouse refuses to sign Form 8332, the go back to court and charge them with contempt.... Read More
No, you don't need to be concerned. Because your divorce was 11 years ago in 2004, all you need to do is attach a copy of the decree to your return... Read More

What would my taxes be if I'm on disability and inherited an annuity from my mom?

Answered 11 years ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Disability income is generally taxable, but the income is usually low enough that no taxes are owed. If you inherited an annuity, the insurance company will have sent you a statement of the amount, if any, of taxable income.
Disability income is generally taxable, but the income is usually low enough that no taxes are owed. If you inherited an annuity, the insurance... Read More

What can I do after I received a summons to the municipal court because I didn't file city taxes in 2008?

Answered 11 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Did you work in the city before you left in March? In that case, you might have to file a return. If you didn't earn any income in the city during 2008, you just have to go to court and explain that.
Did you work in the city before you left in March? In that case, you might have to file a return. If you didn't earn any income in the city during... Read More

Will we be required to pay income taxes on the settlement?

Answered 11 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Whether income from a settlement is taxable depends on the nature of the claim in the lawsuit. If the lawsuit is for a physical injury, for example, a broken leg in a car crash. Then the funds are generally not taxable. If the lawsuit is for any other reason - mental distress,discrimination, breach of contract. Then the funds are generally taxable.... Read More
Whether income from a settlement is taxable depends on the nature of the claim in the lawsuit. If the lawsuit is for a physical injury, for example,... Read More

Can I get in any kind of trouble for filing someone elseโ€™s child whom Iโ€™ve filed before?

Answered 11 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
First, she can't sue you for claiming her daughter, threatening to take you unless you pay her is called extortion, the more common name is blackmail. Second, if she didn't give you permission; then how did you know the child's social security number? People are usually pretty secretive about those. Third, claiming a deduction for a person that you don't qualify for (generally for a child his would mean she lives with you and you pay her living expenses) Is tax fraud. You don't get sued for tax fraud, it's a crime. You'd be indicted. My advice would be to file an amended return, which doesn't claim her.... Read More
First, she can't sue you for claiming her daughter, threatening to take you unless you pay her is called extortion, the more common name is... Read More

Do I need to claim this cash on my Federal or state taxes and how much tax will I owe on this if I'm a stay at home wife?

Answered 11 years and 2 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Life insurance proceeds are usually tax exempt. Almost all funds inherited from an estate are tax exempt (IRAs and annuities are exceptions to this rule) So, it's unlikely that there will be any income taxes on the $6,000.
Life insurance proceeds are usually tax exempt. Almost all funds inherited from an estate are tax exempt (IRAs and annuities are exceptions to this... Read More

How and when would I pay quarterly taxes?

Answered 11 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Quarterly tax payments are due April 15 for the 3 months ending March 31st, June 15 for the 2 months ending May 31st, September 15th for 3 months ending August 31st and January 15th for the 4 months ending December 31st (if you file your return an pay all taxes due by January 31st, you can skip the January 15th payment). Since your business won't earn any income until October, your first payment would be January 15th.... Read More
Quarterly tax payments are due April 15 for the 3 months ending March 31st, June 15 for the 2 months ending May 31st, September 15th for 3 months... Read More

How do I remove sales tax lien of my credit report and do I need a lawyer?

Answered 11 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
This is one reason you should file a change of address with the post office when you move, so you receive important correspondence. Under Ohio law, you have a fixed length of time to respond to the Tax Department's notice to prevent the issuance of a tax lien. Since you didn't file a change of address and didn't get the letter, that time passed without a response and the tax lien was filed. That's history now and nothing can change the fact that the tax lien was filed. Once the Tax Department got your attention with the tax lien, you took care of it by providing substantiation of your purchase price and the Tax Department released the lien, but that doesn't change that the lien was filed. You can contact the 3 major credit reporting agencies and enter an explanation of why the tax lien was filed but nothing can remove it from your credit reports.... Read More
This is one reason you should file a change of address with the post office when you move, so you receive important correspondence. Under Ohio law,... Read More

What do I need to do on a Writ of Execution?

Answered 11 years and 10 months ago by Edward L. Armstrong (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
If the taxes you owe are income taxes and you signed the tax return (joint return with your now ex-husband) then the IRS and/or the state will regard you as responsible for the taxes regardless of what the divorce decree said. You may, however, be entitled to sue his estate or at least join his heirs in the suit and have them indemnify you. This can be a tricky situation so you will most likely need to retain counsel.... Read More
If the taxes you owe are income taxes and you signed the tax return (joint return with your now ex-husband) then the IRS and/or the state will regard... Read More

When you get married to a migrant will it affect you such as in child support or in taxes?

Answered 11 years and 10 months ago by Edward L. Armstrong (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
You really didn't provide enough information for me to give you any sort of detailed answer. To whom is the child support owed? Who owes the child support? As far as taxes go, if you and the "migrant" file a joint return and he or she never filed tax returns, you could have some serious tax issues to contend with. I suggest you seek help from a tax attorney or a certified public accountant. You simply didn't give enough information for me to answer this.... Read More
You really didn't provide enough information for me to give you any sort of detailed answer. To whom is the child support owed? Who owes the child... Read More
It is a gift if he delivered the cash to your possession during his life. Was the rental locker in your name or his? Did you have a key to it? Did he formally rent or lease it from you? If it was in your name and you had a key to it and there was no rental, it is your place and his delivery of the cash in a box with your name on it is strong evidence of a gift to you. You do not owe any taxes on it unless it is more than one million dollars. If your father had unpaid creditors, they may make a claim on the cash.... Read More
It is a gift if he delivered the cash to your possession during his life. Was the rental locker in your name or his? Did you have a key to it? Did... Read More

When my father died, he left a box with my name on it full of cash, must I report it or is it inheritance and tax-free?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
Actually, writing a name on a box doesn't comprise a will. The cash belongs to his estate to be split among the heirs. If you take the money, it is theft and taxable income.
Actually, writing a name on a box doesn't comprise a will. The cash belongs to his estate to be split among the heirs. If you take the money, it is... Read More

Can you use someone else's 501c3?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
As long as the activities meet the organizational purpose of the 501(c)(3), sure. For example, if the 501(c)(3) of the Oakmont High School Band has the organizational purpose, "to advance music education and appreciation in the Tri-State Area" The this charity could be the vehicle for donations and spending of the St. Agatha High School Band, while they get their charity up and running (tends to take upwards of 6 months or 5 years if Obama doesn't like your politics). But if the Oakmont organizational purpose is "to advance music education and appreciation among the students at Oakmont", then that would be a no.... Read More
As long as the activities meet the organizational purpose of the 501(c)(3), sure. For example, if the 501(c)(3) of the Oakmont High School Band has... Read More

Does she need to file if she makes just $12,000-18,000 a year (single divorced disabled woman) and what is her tax liability?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
There is the possibility that she could have immigration repercussions caused by her failure to file taxes. Until I reviewed all of the circumstances I cannot tell whether or not she had a requirement to file, but given the amounts you speak of, I would suggest that she most probably did. See an attorney and anticipate the attorney to refer you to a tax accountant. It is clearly time to get this straightened out.... Read More
There is the possibility that she could have immigration repercussions caused by her failure to file taxes. Until I reviewed all of the circumstances... Read More

Is a union pension plan considered an employer plan for determining the phase out amount of an IRA deduction?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
A union pension plan is considered exactly the same as an employer plan.
A union pension plan is considered exactly the same as an employer plan.

Can telemarketers be classified in tax as independent contractors?

Answered 11 years and 11 months ago by Edward L. Armstrong (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Tax
You really didn't provide enough information to help me answer the question that you posed. What kinds of codes are you speaking of?
You really didn't provide enough information to help me answer the question that you posed. What kinds of codes are you speaking of?

How should I report my tax as an International Student Resident Alien Scholar?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Scholarships and fellowships are tax exempt to the extent they are for tuition, fees, books and equipment when you are enrolled in a degree granting program. Scholarships and fellowships are taxable to the extent they are used for living expenses and travel.
Scholarships and fellowships are tax exempt to the extent they are for tuition, fees, books and equipment when you are enrolled in a degree granting... Read More

If no taxes are owed, can you still claim a refund on gambling losses?

Answered 11 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
Gambling losses are deductible only to the extent of gambling winnings - if you win $100,000 and lose $20,000 - then you can deduct the $20,000 from the $100,000 paying tax on $80,000. But if you win $100,000 and lose $150,000 (a circumstance far more common), then you have no taxes on the winnings and no deduction for the "excess" losses.... Read More
Gambling losses are deductible only to the extent of gambling winnings - if you win $100,000 and lose $20,000 - then you can deduct the $20,000 from... Read More

How can they take that much money, even though she didn't make that much?

Answered 12 years ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Tax
If you file a joint return, the IRS can take any government offset out of your refund, regardless of which spouse is liable for the debt.
If you file a joint return, the IRS can take any government offset out of your refund, regardless of which spouse is liable for the debt.

How does the beneficiary report a simple trust?

Answered 12 years ago by C. Page Hamrick III (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Tax
You should ask the Trustee of the trust whether you will receive an IRS Form K-1 from the trust, which will tell you how much, if any, of the distribution is taxable, and if so, what type of income it was, such as interest or dividend income. It is possible that part or all of the distribution was non-taxable to you as an inheritance or gift.... Read More
You should ask the Trustee of the trust whether you will receive an IRS Form K-1 from the trust, which will tell you how much, if any, of the... Read More

How does the beneficiary report a simple trust?

Answered 12 years ago by attorney James Bloomfield Oberholtzer   |   4 Answers   |  Legal Topics: Tax
You will receive a K-1 from the trust telling you what portion of the money you received is taxable as income. It will probably be a small part of it.
You will receive a K-1 from the trust telling you what portion of the money you received is taxable as income. It will probably be a small part of... Read More

What recourse do I have if I was not properly notified before the property was sold in tax sale?

Answered 12 years ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
You could seek to set aside the sale, which will take and attorney and it a long shot. It is very difficult to prove a negative. Call an attorney if you are willing to risk the fees you will have to pay for the possible recovery.
You could seek to set aside the sale, which will take and attorney and it a long shot. It is very difficult to prove a negative. Call an attorney... Read More

What recourse do I have if I was not properly notified before the property was sold in tax sale?

Answered 12 years ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
You can request that the court vacate the tax sale. This would give you the opportunity to either pay the taxes and stop the tax sale. The difficult issue here is what is proper notice, as an owner, notice is generally sent to your last known address and if that fails, the notice is given in a local newspaper and (usually) the county sheriff's website.... Read More
You can request that the court vacate the tax sale. This would give you the opportunity to either pay the taxes and stop the tax sale. The difficult... Read More

What recourse do I have if I was not properly notified before the property was sold in tax sale?

Answered 12 years ago by C. Page Hamrick III (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Tax
FOR WEST VIRGINIA ONLY: There is a statutory procedure for overturning a tax sale deed if the owner was not notified. However, this is very complicated and often requires a civil action in circuit or federal court and requires an attorney. You should seek the advice of an attorney.
FOR WEST VIRGINIA ONLY: There is a statutory procedure for overturning a tax sale deed if the owner was not notified. However, this is very... Read More