Ari Benjamin Good’s Answers

Ari Benjamin Good

Miami Tax Lawyer.

Contributor Level 8
  1. If an employer pays you on a 1099 does that mean he spends no taxes on you?

    Answered over 1 year ago.

    1. Brian Joseph Munson
    2. David Aaron Wiesen
    3. Ari Benjamin Good
    4. Steven M Zelinger
    5. Claudia Susan Kenny
    6. ···
    6 lawyer answers

    That's true. As one of my colleagues mentions whether you are ACTUALLY an "independent contractor" depends on your relationship with your employer. If we assume that you are (and that the employer did not have to withhold taxes for you or pay employment taxes for you), be sure to check with your accountant. You will have to pay self employment taxes (this is different than your regular income tax), since your employer did not do so for you. Click the link below for my article on the...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. IRS tax law / forgivness of mortgage debt

    Answered about 3 years ago.

    1. Ari Benjamin Good
    2. Stephen Samuel Messutta
    3. John Leif Fossum
    3 lawyer answers

    As a tax attorney in Naples Florida (ground zero, basically, for the real estate crash), I consider this issue all the time. You are correct in that what would otherwise be taxable income from the forgiveness of indebtedness / cancellation of debt (COD) is excluded from income under the The Mortgage Forgiveness Debt Relief Act, up to $1M. I assume the amount forgiven is less than this. The IRS standard for "insolvency" is simply the amount by which your liabilities exceed your assets at...

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  3. If you give a tax professional your banking account and routing numbers is that okay?

    Answered over 1 year ago.

    1. Ronald J Cappuccio
    2. Eric J Trabin
    3. M Kay Lewis
    4. Ari Benjamin Good
    5. Brian Joseph Munson
    5 lawyer answers

    I personally give my accounting / bookkeeping firm all of my usernames and passwords to all of my accounts for pretty much everything. I obviously trust them and their procedures for keeping my information secure. This allows them to manage all of my company's affairs without my even having to be involved. They download all of the banking information they need into their systems. I never have to provide receipts or even email them much. It's a great arrangement since I am a tax attorney,...

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  4. My soon to be ex husband filed our '11 return w/o my knowledge and forged my signature. We live in FL - what are my options?

    Answered about 2 years ago.

    1. Paul Yaroslav Tarnavsky
    2. Ari Benjamin Good
    3. Peyton Hunley Robinson
    3 lawyer answers

    First, I'm sorry to hear of this, which is undoubtedly causing you some distress. I agree with my colleagues in that I think your first step is indeed to contact the IRS, or have a tax professional contact them, and let them know that your signature is invalid. The IRS doesn't want forged documents running around anymore than you do. Your husband should know, or care, that the return is signed under penalties of perjury as well. The Service is paying more attention these days to duress-type...

    2 lawyers agreed with this answer

  5. Can I file bankruptcy for back taxes?

    Answered 8 months ago.

    1. Ari Benjamin Good
    2. Robert J Adams Jr.
    3. Michael Christopher Burr
    4. Robert Thomas Demarco III
    4 lawyer answers

    Hello - Certain back taxes can be discharged in bankruptcy, generally, those that are more than 3 tax years old, for which a return was timely filed, and presuming there was no fraud, etc., in the taxpayer's conduct. It's a pretty mechanical test. I actually wrote a blog post explaining this much more, which I am including here as a link. Good luck!

  6. Which Tax professional is best choice to help me if I am filing taxes as a beneficiary of an estate.

    Answered 10 months ago.

    1. Alan Daniel Hall
    2. Ari Benjamin Good
    3. Bruce Givner
    3 lawyer answers

    Although it may at first glance sound like overkill, if you want to do things right I would consult with both an estate tax attorney and a CPA. It's important to understand that we have different mentalities. The CPA is in a better position to evaluate the numbers and the propriety or accuracy of any accounting that the personal representative or executor may have done. They can also advise you on what returns you will need to file. Most tax attorneys do not file tax returns and that's...

  7. CAN I WITHDRAL MY 401K AFTER MY 401 TRUSTEE MEETING?

    Answered almost 4 years ago.

    1. Eric Matthew Rolinson
    2. Lewis Matthew Roberts
    3. Ari Benjamin Good
    4. Theodore Lyons Araujo
    4 lawyer answers

    While I generally advise clients to do absolutely everything possible to avoid withdrawing from retirement accounts, if you must to survive you may do so in a Chapter 7 without prejudicing your bankruptcy. This is because you are making this conversion "post petition", that is, after your filing date. The result is in all likelihood the same in a Chapter 13 since this does not reflect a new source of income but rather the liquidation of an asset. Be sure to check, however, whether you must...

  8. IRS Taxes on Foreclosed/Auctioned Rental property...Capital gain?

    Answered almost 3 years ago.

    1. Brett A. Thompson
    2. Frank Wei-Hong Chen
    3. Henry Daniel Lively
    4. Mark L Rosenberg
    5. Ari Benjamin Good
    5 lawyer answers

    I agree that the first question you need to ask is whether this could be a "capital" (generally, investment property) asset at all. That is a fact specific determination. Some of the factors include whether and how you advertised the property, whether you rented it to a friend or family member versus making it available to the public, and whether the rent was at fair market value. Here I do not believe that it would be treated as a capital asset allowing you to take a capital loss, in part...

  9. Buying a car after bankruptcy?

    Answered about 3 years ago.

    1. Jack Justin Adams
    2. Ari Benjamin Good
    3. Dorothy G Bunce
    4. Sean Sullivan Hanley
    5. Daniel Joseph Morrill
    5 lawyer answers

    By "dismissed" I assume that your bankruptcy was "successful" - that is, you received a discharge, the estate was administered (that is, if you had any non-exempt property you either repurchased it or surrendered it), and the case was closed. I assume that it wasn't dismissed for another reason, such as failing to submit all the paperwork, etc. It sounds like you have indeed received your "fresh start" and you can begin rebuilding your credit immediately. While the bankruptcy technically...

  10. I presently collect NJ Unemployment, while residing in Florida. I want to get a Sales and Use tax certificate in order to sell m

    Answered almost 4 years ago.

    1. Ari Benjamin Good
    1 lawyer answer

    As a Florida attorney with extensive sales and use tax experience I can tell you I am unaware of any provision of Florida law that requires the state to report sales and use tax collected or paid by Florida businesses to other states, which is what presumably would "jeopardize" your rights to NJ unemployment compensation. While I am unfamiliar with New Jersey law, I believe the relevant issue is HOW New Jersey requires you to report income or employment. Check the eligibility requirements on...