Alicia Simone James’s Answers

Alicia Simone James

Miami Tax Lawyer.

Contributor Level 10
  1. What are the consequences of a non custodial parent collecting taxes in Florida

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Alicia Simone James
    3. John Arthur Smitten
    3 lawyer answers

    If you gave him the authority to claim the child then it would be ok. If you were living in the country and each of you claimed the same child then there is a problem. There is also a problem if he was not supporting the child in any way but claimed the child as a dependent. He could face fraud penalties or criminal charges.

    1 lawyer agreed with this answer

  2. The land was sold in 2009 at a tax auction and the lender is now trying to collect on the mortgage.

    Answered over 1 year ago.

    1. Margery Ellen Golant
    2. Alicia Simone James
    3. Diane L Drain
    3 lawyer answers

    If the debt is valid then you may be liable. You probably need more than a credit repair attorney if this is the case.

    1 lawyer agreed with this answer

  3. Sold inherited vacant farm land in 2012. Tax effect

    Answered over 1 year ago.

    1. Alicia Simone James
    2. James P. Frederick
    3. Amanda Marie Cook
    3 lawyer answers

    An appraisal should be sufficient to determine the rise in value from 2006 to 2010.

    1 lawyer agreed with this answer

  4. My question is about a Partial Exclusion on Sale of Main Home. I have owned house only 1 year 3 mos.

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Bernard Lafayette Metz
    2 lawyer answers

    You may qualify for a partial exclusion on a sale of a main home if you (1) change jobs (relocate for a new job or a new business, (2) unforeseen circumstances (such as unable to pay basic living expenses), (3) health reasons. If you were to move to another city then you need to meet certain requirements to qualify for the exclusion. For example, the distance test: the distance between your new job location and your former home must be at least 50 miles greater than the distance between your...

    1 lawyer agreed with this answer

  5. If i buy a property in Florida in the Tax Deed Sales, Is an IRS lien don't wiped out?

    Answered over 1 year ago.

    1. Mark D. Siegel
    2. Alicia Simone James
    3. Linda Simmons Campbell
    4. Bruce Givner
    4 lawyer answers

    After the federal tax lien attaches to property, it remains on that property until the lien has expired, is released, or the property has been discharged from the lien. The transfer of property subsequent to attachment does not affect the lien. Liens are public records and are classified as such at the Clerk of Courts.

    1 lawyer agreed with this answer

  6. Do I need an attorney?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Michael Charles Doland
    3. Arina Shulga
    3 lawyer answers

    If you have provided proper notice then the next step is to hire an attorney to write a letter on your behalf. Why? Because letters from attorneys usually get noticed. At a minimum there will be a record of the transaction. Plus, the attorney would verify that you gave the proper notices. I would not recommend litigation at this time because it is very costly. But, a letter might get the ball moving or at least let you know if litigation is required.

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  7. Can I still file income taxes if I don't provide w-9 form to my employee. I might quit this work soon

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Bruce Givner
    2 lawyer answers

    I will assume that you meant to say that your employer hired you without a W9. I am going to ignore the possible labor law involved in the question. For taxes, you should still estimate the amount you owe and file the tax due (if you earned over the IRS threshold to file taxes). If you do not file a return the IRS can audit you forever on this year instead of the normal 3 years.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What is state taxes and general sale taxes ?

    Answered over 1 year ago.

    1. Alicia Simone James
    2. Bruce Givner
    2 lawyer answers

    If you itemize your deductions you have the option of claiming either state and local income taxes or state and local general sales taxes. To be deductible, the tax must be imposed on you and must have been paid during your tax year. Deductible real estate taxes are generally any state, local, or foreign taxes on real property. They must be charged uniformly against all property in the jurisdiction at a like rate. Many states and counties also impose local benefit taxes for improvements to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Safe Harbor 401k Match Timing?

    Answered over 1 year ago.

    1. Michael Gary Kushner
    2. Dennis Michael Phillips
    3. Alicia Simone James
    4. Bruce Givner
    4 lawyer answers

    Be tenacious. Keep sending emails and calling. A certified letter may also help. Basically, if your plan uses the calendar year (most plans do). Then, the last day for the employer matching contribution would be Dec. 31, 2012. So it probably is a too late. You never mentioned the amount at stake. It is possible to have an attorney write the letter to the plan administrator. For a simple letter it may not cost that much.

    1 person marked this answer as helpful

  10. Question about an S-Corp. Start one parent S Corp with 3 dba

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Alicia Simone James
    2 lawyer answers

    As a tax attorney I would recommend that you incorporate all your businesses separately. Why? Because you do not want people coming after your personal assets to satisfy business debts/lawsuits. Plus, you can use entities that have pass through taxation so you can minimize paperwork and expenses. I find that people try to incorporate entities themselves. Sometimes they get it right. But, most times they figure out they formed the wrong type of entity when they get a big tax bill. Please do...

    2 lawyers agreed with this answer