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Eric P Rothenberg
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Eric Rothenberg’s Answers

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  • Estate tax exclusions, Maine 5,000,000. vs Massachusetts 1,000,000. If I sell my residence in MA and change my residence to ME

    If I sell my home in MA and change my residence to ME, then pass away in ME, where will my estate be probated, will I owe any tax to MA. Thank you Eleanor Bouchard

    Eric’s Answer

    If you truly change your state residence to Maine then you are taxed in Maine but if you still retain assets in MA you will have to probate here in MA. But with good tax & estate planning you should be able to avoid any estate tax to either state. Please seek an attorney to advise you well.

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  • Can the IRS put a Tax lien on a Disney vacation club membership?

    I have a Tax lien that is set to expire in 2 yrs from back taxes years ago that I claimed in a chapter 7 bankruptcy. I`m interested in joining the Disney vacation club but am not sure if the IRS can attach the lien to my membership. The Disney vac...

    Eric’s Answer

    Yes they can and would if they know about it. It's not an item they would normally know about so while they can may not as a practical matter.

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  • Should I submit the W8BEN form, or ask for a W9 / other form ?

    Hi, As part of a competition, I just won a $1000 prize. The (US) company organizing this competition now asks me to submit a W8BEN form as I'm a non-us citizen. This is all good, but I'm currently in the US on a J-1 Scholar visa. Should I still...

    Eric’s Answer

    First, the prize is income. Yes, submit the form. You can have tax withheld and still file a US return as a non-resident and you might get a refund depending upon your return information.

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  • How does the IRS calculate mortgage deductions? As a whole or according to one's tax bracket?

    Income tax property mortgage deduction

    Eric’s Answer

    It's a little complicated. It is a full deduction on Schedule A (& limited if the loan is over $1 million) and if you make large income itemized deductions can further be limited. Finally if you have an alternative minimum tax the deductions may not help at all. So best to run some calculations with someone that prepares returns.

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  • Does Department of Revenue check your bank accounts in desk audit proceedings and why do they audit someone like me?

    I received notice of intent to assess from Department of Revenue, MA. They are asking for my W2, social security card etc. Last year, I made around $40,000. I don't understand why is DOR trying to audit me. My parents deposit some money into my ...

    Eric’s Answer

    The DOR does have a right to review every deposit into all your accounts. Gifts must be substantiated so you need copies of all checks from them to you & perhaps even a letter. If they are US citizens they must file gift tax returns (form 709). I highly recommend you get legal help for this audit.

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  • Can I work for Indian company from US? I am on H4 How will such income be taxed? In India or US? I have ITIN as US resident

    I am an Indian citizen and currently in US on a H4 visa. I would like to know if under the H4 immigration law I could do freelance work for an Indian company from home in US. I will be earning in INR and it would be in my Indian bank account. I...

    Eric’s Answer

    Vivian is quite correct. However, I will add that such a situation you are working within is very complex & can involve the US-India tax treaty, foreign tax credits as well as needed tax questions answered to be sure you are in fact a resident for US tax purposes. Therefore please seek & use a skilled tax preparer for advice far in advance of filing a return.

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  • Are state courts allowed to award child dependency exemption without adhering to federal tax law?

    Can a state court judge award a child dependency exemption to a non custodial parent absent agreement and consent of the custodial parent? Can a judge force the custodial parent to sign a Form 8332 by including it in court order? The parties (pare...

    Eric’s Answer

    The IRS will respect a state court's order in who may take the exemption.

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  • MA Non-Resident deduction ratio

    I have a question on MA nonresident tax filing. Our majority of income is from state of Texas - about 90%. My wife has some income from state of MA. MA state prorates deduction based on income ratio. So if she does married file separate , Texa...

    Eric’s Answer

    If you file separately, then you do not need to attribute any of your income (MA or non-MA) to your wife's MA return.

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  • Can they really keep our money and say we forfeited it because the information wasnt received in time?

    In 2014 I was I a victim of identity theft. Someone else had filed taxes using my social security number. When completing last years taxes the state owed us $941, however they sent me a letter saying I had to send them proof of all our tax informa...

    Eric’s Answer

    Generally the answer is no, they cannot tell you your correct filed income tax returns are not refundable due to someone else filing a fraudulent return. You do need to seek help on this. There are many sources you can do on your own. If it's the IRS you can contact the Taxpayer Advocates Office.

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  • May I use SSN obtained through TPS for tax efiling.

    My spouse joined me in USA as my dependent on F-2 status . She has social security number obtained through Temporary Protected Status . It has on it written as 'Valid only with DHS authorization'. I am trying to e-file my taxes . It requires ...

    Eric’s Answer

    Yes you can use that social security number so long as it is still a valid card.

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