Ronald L. Bueing's Answers

Can you pay back taxes for use tax that wasn't paid?

Yes. Most states have a voluntary disclosure program, including California. In California, if you do not file a return, the Board of Equalization can send you a bill for the amounts owed as late as eight years after the quarterly period in which the purchases were made. However, if you qualify for the In-State Voluntary Disclosure Program, the billing period is limited to three years. In addition, you may be relieved of applicable penalties.

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To whom do I owe income taxes?

First of all, we need to know if the LLC is disregarded. From the way that your question is phrased, I will assume the answer is yes. Thus, for Hawaii state income tax purposes, you will be required to file as an individual and report your Hawaii rental property income. You will not owe income tax on the Washington and Nevada sourced rental income. Washington and Nevada do not impose state income taxes on individuals. Note that the LLC must file in Hawaii to pay general excise tax on the rental...

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My divorce decree filed in Deschutes County OR states that my ex-husband can claim our children as dependents on his tax return.

A couple of clarifications. The date of the divorce decree is critical to this answer. If the divorce decree went into effect after 1984 and before 2009, a divorce decree that states each of the following will allow the noncustodial parent to take the tax exemption. 1. The noncustodial parent can claim the child as a dependent without regard to any condition (such as payment of support). 2. The other parent will not claim the child as a dependent. 3. The years for which the claim is...

Must the IRS institute administrative procedures prior to the AUSA bringing criminal charges for failure to file tax returns?

I agree with the answer from Mr. Mishkin. The IRS can bring criminal charges if they feel that they can prove you intentionally evaded the payment of your taxes. There is a great amount of latitude afforded the government in determining which cases to pursue. In some cases, the government can be persuaded to drop criminal proceedings for cooperative taxpayers that file past returns, pay their tax debts and agree to comply in the future. You need to speak with an attorney, preferably one with...

Is all I need to do file all the "Final Returns"? Or must I contact the IRS?

In addtion ot filing a final return, you should close your business account with the IRS, by writng to them at: Internal Revenue Service, Cincinnati, Ohio 45999 and stating the reason you wish to close your account. If you have a copy of the EIN Assignment Notice that was issued when your EIN was assigned, include that when you write. Otherwise, be sure to include the complete legal name of the entity, the EIN, and the business address. You may want to take a look at the IRS website help for...

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Will I have to pay taxes when I sell the house I inherited 8 years ago?

More facts are needed to completely answer your question. If you inherited a house in 2003, you would have received a step up in basis to the fair market value of the home under the estate tax regime at that time. If you have rented the house in the meantime, you would have taken depreciation deductions that would have reduced this basis. However, with a 40% reduction in value you would still be in a loss position. If you have not rented the home, but used it for personal purposes your basis...

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In 2003,04,05 my father stole my ssn and I got contated by the IRS saying I owe $8400 in taxes. Can i press charges?

See an attorney. There is much more involved than just the debt ot the IRS. This is a very serious matter that could have lasting effects on your credit and could result in serious charges against your father.

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If you are below the poverty threshold, are all the taxes you paid during the year refunded after filing your tax return?

More facts are needed for an accurate answer. However, based on 2011 tax rules, the following should help you determine your taxes. The answer depends partly on what taxes you are paying. As to Social Security and Medicare Taxes, those taxes will not be refunded. If you are talking about federal income taxes withheld, you will pay $50 with a refund of the remainder. This is because you get a standard deduction as a single person of $5,800 and a personal exemption of $3,700. This gives you...

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Do I have a legitimate case in Small Claims to recover part of our payment?

I am not a Utah attorney, but you probably have a legitimate case. Landlord tenant laws are generally pretty straightforward. A quick perusal of the landlord tenant statutes in Utah indicate that a landlord in Utah cannot hold you responsible for rent if the premises are rented to someone else for a comparable rent. Further, there are probably strict rules under the Utah landlord tenant law regarding the ability of a landlord to retain a deposit. This really comes down to a cost benefit...

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If you sell something to a second-hand store, is sales tax involved?

It is true that you should not have to charge sales tax to the store, but you may need to obtain a resale certificate depending on the frequency with which you make sales. If you make less than three sales in a 12 month period you are treated as an occasional seller that need not collect any sales tax under most circumstances. However, if your sales exceed three sales in a 12 month period, you no longer qualify as an occasional seller and must collect retail sales tax. An exemption exists for...

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