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Eric P Rothenberg
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Eric Rothenberg’s Answers

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  • Married filing jointly - Spouses having different residency tax implication

    I and my spouse lived in state of Texas. My spouse moved to state of MA for last four months. I was in Texas for full year. My spouse has received her MA W2 and that is the only income from MA state. Are we allowed to file married jointly stat...

    Eric’s Answer

    You can file jointly federally but separate for MA. You don't need to file in MA if you had no income & she can file as a part year resident reporting only the income earned while a resident. There's really no tax benefits to filing jointly in MA since the tax rates are not progressive.

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  • How many time have I to declare my divorce to IRS? Is there any trouble if I don't so?how can I do it?

    IRS questions I was married to a french citizen who has always lived in France,we get divorced last year.

    Eric’s Answer

    • Selected as best answer

    You don't "declare" your divorce to the IRS. You file a tax return each year and your filing status (married or single, etc) is based upon your status as of the last day of the year and it's for the entire year. There is no pro-ration. So when you file a new return it will be "declared". However you should let all employers know and adjust withholding by completing a new W-4.

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  • Tax situation between two states - Texas and MA

    I and my spouse lived in state of Texas. My spouse moved to state of MA on 15th Aug. I stayed back in Texas for full year and so I am Texas resident. All my income is from state of Texas. My spouse has received her MA W2 and that is the only incom...

    Eric’s Answer

    Yes, you can file separately in MA even if you file jointly for US return.

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  • Do i qualify as a US citizen residing abroad for filing taxes of the year 2015 and hence does the automatic 2 month extension on

    I have been living and working abroad till Dec 2015. I moved to the US in Jan 2016 and am unemployed. I have to file taxes for the year 2015.

    Eric’s Answer

    No, you do not get an automatic extension but you can file one (paper or online) using Form 4868 for federal & M-4868 for MA.

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  • I work as a server, my company only took $4 dollars out for state taxes out of 34k and 817 for federal, this seems extremely..

    ..off. I worked for this restaurant from 2011-2014. This restaurant ran sales equivalent to theme parks, it's first year opening. The revenue brought in was over a billion dollars that first year. The group owns multiple restaurants in the city of...

    Eric’s Answer

    You don't have to pay taxes on money you didn't get but if your employer didn't take out the correct withholding for and you don't work there any more you could make a claim against them or file with the Dept of Labor a complaint. You will, however, need a good tax preparer help you to not pay income taxes on income you didn't receive

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  • Is this a "Grantor Trust"? Who is the "Grantor"? Is this trust required to get a TIN? Is this trust a "disregarded entity"?

    A minor child (age 16) was injured in a car accident. The insurance company is about to pay a substantial settlement. A "friendly lawsuit" was filed by the parents (as parents and next friend of the minor child). An irrevocable trust is being crea...

    Eric’s Answer

    This is not likely a grantor trust. It's a trust set up for the benefit of the parent's minor child. The taxes are paid on the trust income by either the child or the trust depending upon some very complex issues that would require you to engage a good tax return preparer to go over the tax costs between taxing it to the trust or the child. Please get help ASAP.

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  • What determines residency status in Massachusetts? For taxes purposes...

    I am trying to learn what determines the resident status in Massachusetts for tax purposes... I kind of live between two different states and not really sure if I should consider myself a MA resident or a FL resident. Is there any articles that ex...

    Eric’s Answer

    I have dealt with this issue many times. This is a complex area of the tax law. There are one set of rules if you own or rent in MA & another facts & circumstances test if you don't. I highly recommend you seek advice from a tax lawyer to guide you through the case law on this subject. It's far too much to resolve in this forum.

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  • Do I need to file 2015 annual report for an LLC closed in the year 2015?

    I opened an LLC in end of year 2013 and registered with the state of MA. I paid the Annual report fee for year 2014. Due to no progress in the business either in 2014 and 2015, I closed the LLC in year 2015 and filed Certificate of Cancellation wi...

    Eric’s Answer

    Annual reports for an LLC are not a personal obligation of the owner/members. So you can now stop filing annual reports.

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  • How do I cancel her ITIN?

    I and my wife got divorced. During our marriage, we applied for her ITIN as she was not eligible for SSN. How do I cancel her ITIN? I would like to cancel as she was on dependent visa (H4) which was associated with me. After the divorce, i do no...

    Eric’s Answer

    You cannot cancel her ITIN but it's not associated with you for IRS purposes. However her association with you by the visa can be handled by this question given to immigration.

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  • Q1. Should i show that i have been working previously since it was in another country Q2. how do i fill out part about taxes

    i am a US citizen who has been working and living abroad. I have not been domiciled in the US previously. However i have recently moved back to the US and intend to establish domicile here. i am currently unemployed. i am sponsoring my husband w...

    Eric’s Answer

    There's not enough information here to give you a full answer but in the year you became a US citizen you were required to file income taxes on worldwide income & every year since. You say you've been living & working abroad but not if that was before or after U.S. Citizenship. So please go to a good income tax return preparer & get advice.

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