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Questions tagged [tax-law]

Dealing with the constitutional, common-law, statutory, tax treaty, and regulatory rules that constitute the law applicable to taxation.

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California sales tax nexus and Amazon FBA

I've been reading from various sources that having inventory in an Amazon FBA fulfillment center does qualify as having a physical nexus in the state where the fulfillment center is located, and ...
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3answers
184 views

How can the the USA legally ask illegal immigrants to pay taxes while denying them any legal basis of citizenship?

According to a report released by The Institute of Taxation and Economic Policy in February 2016, they state that: 11 million illegal immigrants in the United States are paying annually an ...
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Open transactions: how to get open transaction treatment in US tax law?

In tax law class we said that getting open transactions is highly unusual; there are sophisticated ways of estimating future revenues so a truly indeterminate stream of revenue is not likely. But I ...
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22 views

What are “US Business Activities” and “Effectively connected income”, again?

I know this is a confusing matter and there's been number of questions here and articles elsewhere, but maybe it would be simpler in the situation explained below. Assume there's a non-US company ...
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1answer
25 views

Is there tax in Michigan for packaged food (steaks) sold door to door?

I had some guys come to my door last week to sell some frozen steaks in vacuum packages. They said they would have to charge tax on the retail value. Is this correct?
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1answer
83 views

Why is English law so important to finance?

What are the features of the English law that make it so indisposable to international finance and particularly offshore companies? I've recently bumped into this passage when reading about Cyprus, ...
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46 views

Former employer sent my W2 to a third party. What are my rights?

I received a letter today from my former employer. I haven't worked for them for more than 2 years. They discovered recently that an undisclosed number of W2s were sent to a third party. I'm being ...
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Will Alimony Payments be Tax Deductible if a Support Agreement is Signed in 2018 but not Actually Ordered by the Court until 2019?

I know that starting in 2019, alimony payments are no longer tax deductible, but that agreements entered into before 2019 are grandfathered in. What counts as entering into an agreement for this ...
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1answer
27 views

Under what circumstances do you have to report the income of your LLC for the state of Michigan and how often?

Under what circumstances you have to report the income of your LLC and how often in the state of Michigan? I have a friend with a business license operating an LLC in Michigan and he told me that he ...
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3answers
105 views

If I don't live in a school zone, I shouldn't have to pay for that school's property taxes, correct?

My wife and I bought a house this year. We live just outside of my cities municipal school zone. We don't have any kids so we didn't think much of looking into the school zone maps when we moved. ...
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1answer
22 views

Is it legal for a non-profit to omit the salaries of their deputy director and other lower level directors on Form 990?

I'm looking at a the Form 990 for a small non-profit, and I'm noticing that under administrative/management expenses only the Executive Director's salary is listed. I know there is a Deputy Director ...
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1answer
30 views

Death Tax For Trust

A trust was created in California, US whose settlor was living in Oregon, US when he/she passed. The trust assets have been liquidated and all creditors and medical debts paid. Are there any other ...
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Non US company raised equity by issuing shares to non accredited investors,does re-domiciliation to Delaware cause retroactive breach of US laws?

As per the title I would like to know if anybody knows what happens if a foreign non -- U.S. company ( offshore ) raises equity by advertising and soliciting investors included but not limited to ...
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1answer
29 views

What can a lawyer do to make the government formulate better policies for tech startups? [closed]

In Nigeria, most policies by the government affecting businesses are antagonistic to the growth of businesses partly due to lack of knowledge on the path of the government about the country's and ...
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1answer
16 views

Is Indonesia tax based on residency?

Residential taxation means that you pay taxes based on where you live. Many countries use a version of the “183 days” principle. This means that if you spend at least half your time living in the ...
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1answer
73 views

Reclaim VAT after buying a car to be exported from Germany to outside EU

I'm a North African citizen living in an Scandinavian country (temporary residence permit - working grounds) and planning to buy a car from Germany to be exported to my home country (outside EU). I ...
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New trump's tariffs on china

We've all seen that President Trump has imposed new tariffs on goods coming from China. From what I've understood the new tariffs will be paid at the time of entry into the US. So if your company ...
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3answers
78 views

How do I “prove” I am not a Massachusetts resident for state tax purposes?

I am in the process of moving out of Massachusetts. According to my reading of the Massachusetts's DOR's "guidance," I have to "prove" I am not domiciled in Massachusetts if I want to not be taxed by ...
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Import Tax - “made in China” versus “made in Taiwan”

Is there any reason for tax purposes a company would stamp made in Taiwan, when the products are actually made in China? Do you pay less tax or VAT when you import them in to the UK? They might do ...
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2answers
148 views

Are government fees considered taxes?

Are government fees, like the one for getting a passport or a drivers licence, considered taxes from a constitutional perspective? To clarify I am not asking for income tax purposes. I suppose it ...
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3answers
5k views

How does the mandate to report income from illegal activities in the US jibe with the Fifth Amendment?

Al Capone was famously taken down for tax evasion for not reporting income from his illegal activities. If someone were to report the income from illegal activities like a marijuana dispensary or a ...
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2answers
87 views

Is this a Prima Facie case for State Tax Fraud?

Manafort has been convicted of Federal Tax Fraud. Does that conviction form the basis for a prima facie case of state level tax fraud? While the President has authority to pardon the federal crime, ...
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1answer
45 views

How much are partnerships and LLCs really taxed?

Based on the IRS website, partnerships and LLCs being taxed as partnerships appear to only file (at the federal level) 1065 forms with schedule K-1 forms (for each partner/member). If I'm reading ...
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34 views

what criteria do 1099 contractors have to be considered employees?

Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
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1answer
131 views

Is it lawful to discount products below its cost to sell other products on the same sale?

Suppose a company in Singapore buys some hardware for $100, develops some software for it, and wishes to sell the integrated solution for $200 to a foreign customer. The invoice lists the hardware ...
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1answer
45 views

Are there tax implications in Ohio when giving a house to someone else?

I have a house that had fire damage. I would like to give the property to a restoration company to avoid having to pay out the money in repairs. Are there any tax implications if I give the ...
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2answers
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How realistic is it to resurrect a dormant C corporation

Assume that someone formed a C-Corp around 15 years ago in Texas. Then they let it go dormant with the state by not filing any of the required paperwork nor paying any fees. The SoS of Texas lists the ...
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3answers
2k views

Is income tax due when the work is done, or when it is paid?

For example, I do some work for my employer in the 2016-2017 tax year, but they take a while to pay me and I only actually get paid in the 2017-2018 tax year. In which tax year should that income be ...
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1answer
102 views

Why are state income taxes not a violation of Section 9 of the Constitution?

A naive reading of Article I, Section 9 of the Constitution would seem to suggest that income taxes, which is the same thing as a "captitation" tax, a tax on a person, are not allowed: No ...
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1answer
112 views

Are property taxes attached to the property itself or the owners at the time?

Are the new owners of a property liable for taxes that accrue before they purchase it, or is this the responsibility of the previous owners? How would a real estate buyer be protected against a ...
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1answer
54 views

What are the taxes I need to pay for revenues from an online tutoring business based in Washington State?

I initially plan to conduct business without any incorporation. That is, I plan to report my business revenues as personal income on the 1040 and file a Schedule C-EZ (or Schedule C, depending on how ...
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1answer
37 views

When a person dies is his estate liable for income taxes on a IRA ( USA)?

Is the deceaseds' estate liable for USA income tax on an IRA ? Or is the IRA paid out to designated beneficiaries which then makes them liable for the taxes ? Thinking of a modest amount , well under ...
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113 views

Hiring someone for one time event, employee or contractor?

If a person who would normally be classified as an employee is hired for a single one day event, would this allow classification as an independent contractor? For example, say a company that does not ...
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1answer
39 views

Is there a fine for no health insurance 2017

I'm referring to the 2017 tax year (Jan 17-dec17 filed April 18) My CPA for 10 years is telling me there is a fine this year for not having health coverage. Multiple other people i know who used h&...
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1answer
143 views

Effect of SCOTUS sales tax decision on origin-tax states

I have only read news stories about the SD v Wayfair decision, and I have 2 related questions. According to Intuit, there are 12 states that attempt to charge sales tax on all transactions completed ...
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What is required for a non-US citizen to be a member of a multi-member LLC?

This article lists a number of new requirements for a non-US citizen members of a single member LLC that went into effect January 1, 2017. Are there any requirements imposed on multi-member LLCs that ...
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30 views

Ecommerce website not registred as a company

I have a friend living in Germany, and he is going to launch a new ecommerce website (selling different staff). I am not a lawyer, I am also living in Germany and I know just a little about laws here, ...
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1answer
74 views

How to report Airbnb income in tax return?

We live in California, US. We lived in an apartment in a very bad school district. We only realized that this January when we had to register kindergarten for our son, and we had to move. However, ...
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22 views

Do I have to pay sales taxes on goods I purchased on overseas and bought back to India?

I was planning to buy a new laptop its price range differs significant on region. Due to the low sales taxes in U.S I like to buy there(with my friend's help, who is working there) and bought back ...
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If I am employed in Ireland and move to Germany for more than 6 months, can I be taxed on previously-taxed income?

Germany and Ireland have a taxation agreement which states in Article 14 that you are liable for taxes in a Contracting state if you spend more than 183 days there, even if your employer is from the ...
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1answer
20 views

Gross Receipt Service Returns

For a purchase return in NewMexico is a company required to return the gross receipt tax paid when the purchase was originally made? Assuming that the service agreement has no mention of a return ...
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1answer
135 views

Can a childless home owner living in rich neighborhood pay property tax to poor school districts?

I bought a home in a rich neighborhood because it is close to my work place, but I think other school districts would benefit more from my money. Is there any chance to choose where the school funding ...
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1answer
44 views

Can UK stores charge VAT for goods sold to customers outside the EU?

I just came across a .co.uk online store delivering goods all over the world. Even though I specify both billing and shipping address outside the EU (New Zealand), the site keeps applying 20% tax. My ...
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1answer
53 views

Picture of a receipt from a Doctor

I had to go several rounds with a doctor's office about them not taking my insurance and them assuring me that the copay would be a certain amount. They then charged me 20x the quoted amount. I didn't ...
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3answers
100 views

Why do tech companies incorporate in Ireland instead of Seychelles?

Ireland tax rate is low. 15%. However, Seychelles tax rate is even lower. It's 0%. So why bother incorporating in Ireland? I mean are there any laws in US, Ireland, or Seychelles that motivate IT ...
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1answer
62 views

Why does tech companies have easier time avoiding taxes than non tech companies?

First of all, is this true? I mean it's one of the claim of one US presidential candidate. I suppose that the reason is because IT company can shift their profit to offshore companies. Why can't ...
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135 views

Is it moral and legally-diligent to pay taxes in the US? [closed]

On the one hand, there is the ethical problem: budgets are continually running deficits and there is a trillion dollar debt now. You wouldn't give your kids money if they were being so irresponsible....
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118 views

Does the IRS have authority to extend the filing deadline?

Granted, they screwed up: yesterday was the deadline for filing income tax returns, and the IRS web site for e-filing crashed for half a day. Because of that crash, the Secretary of the Treasury has ...
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2answers
59 views

Is a supermajority requirement for raising taxes constitutional?

In a number of US states, in order to enact new taxes or increase taxes, a two-thirds majority vote is required in the legislature or through a ballot proposition. Some supermajority requirements, ...
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2answers
75 views

Would Al Capone be convicted today?

Al Capone was convicted of failing to file a tax return. According to Wikipedia: Assistant Attorney General Mabel Walker Willebrandt recognized that mob figures publicly led lavish lifestyles ...