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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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How can immigrants in the US get paid as owners of companies when they can't be paid as workers?

I have been interested in starting a company as an immigrant but don't understand what the law is for paying myself from the company or in what capacity I could legally work in the company. I have ...
kiliantics's user avatar
3 votes
1 answer
204 views

Does the UK have an equivalent to the Cheek defence?

In essence, in the UK, can someone raise a defence of an unreasonable yet good-faith misunderstanding if charged with tax evasion? In Cheek v. US, the US Supreme Court stated that a defendant’s mere ...
BakedAlaska624's user avatar
3 votes
0 answers
109 views

I am a tax resident of a "tax haven" country. When another government asks me for my tax statements, what do I provide to them?

There's a tax amnesty law in this country that benefits people who kept their business / capital activity abroad. For example, you're a 3D designer working for a UK company from this country or you're ...
user47326's user avatar
3 votes
0 answers
101 views

Which US states penalize an employer if they withhold taxes for the wrong state for one of the employees?

Which US states penalize an employer if they withhold taxes for the wrong state for one of their employees? (withhold in California, but employee was in a different state: I'm interested in any US ...
Franck Dernoncourt's user avatar
3 votes
0 answers
89 views

Avoid potential criminal liabity in IRS "interviews"?

As I understand it, it is a crime to lie to any federal "officer" including IRS agents. People have been convicted of doing so and sent to prison. This obviously creates a serious liability for ...
Cicero's user avatar
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3 votes
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115 views

Copyright IP of own effort and the boundaries of "Capital asset" in IRS tax law, wrt. donations

In "Instructions for Form 8283"1, it says you can donate and deduct: Intellectual property. The FMV of intellectual property must be reduced to figure the amount of your deduction, as explained ...
Realz Slaw's user avatar
2 votes
0 answers
57 views

What is necessary to restart NJ's rebate program for electric vehicles?

NJ has a program which provides a substantial rebate on the purchase or lease of an electric vehicle. I had learned that NJ had paused the program effective November 21st of 2023 due to the relevant ...
Pyrotechnical's user avatar
2 votes
0 answers
115 views

Should refund for recalled item include sales tax paid?

I bought a gizmo for $46.99 plus $5.05 in sales tax. A few months later, the manufacturer issued a product safety recall for the gizmo. Rather than repair or replace the defective units, they would ...
Adrian McCarthy's user avatar
2 votes
0 answers
221 views

If a partner abandons his interest, what is the tax treatment for the remaining partners?

Suppose a partnership (such as an LLC with pass-through taxation) has three members. Each owns an equal share of the business, which has a net liquidation value of $300,000. One partner abandons his ...
SapereAude's user avatar
2 votes
0 answers
142 views

Tax treaty between UK and USA: Article 20A

I am a UK citizen who has just finished working in the US after <2 years. I have claiming tax treaty benefits using article 20a as I am a J1 research scholar. However, I wasn't present in the UK ...
prayner's user avatar
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2 votes
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VAT inclusive prices and receipts

Quite frequently when you buy something online from a company's web-site you see the price and it states that all applicable taxes are included. The company, however, will never disclose to you if ...
Alexander's user avatar
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2 votes
0 answers
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Why is it legal to look at pending stock orders for some participants

another question indicates that market participants can take a look at the orders for a stock, option or futures. An ordinary investor can only look at the BID and ASK, but not the entire series of ...
puzzled's user avatar
  • 341
2 votes
0 answers
83 views

Hiring freelancers in Germany

This question is the counterpart to Tax law and freelancing as a side-job in Germany. What are the laws concerning hiring a freelancer for a short project (for example an international freelancer ...
Lao's user avatar
  • 103
2 votes
0 answers
135 views

To what extent has the legality of property taxes been tested in American courts?

In the United States, many State governments tax land property owners based on the value of the property. These taxes are assessed every year and must be paid or the state will seize your property and ...
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2 votes
0 answers
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How to split Rent-a-Room scheme tax exemptions with joint owners

My brother and I bought a house together. I own 60% and he owns 40% (this is on the deeds). I live in the house and he does not. I have two lodgers living with me, who pay rent. Typically one is ...
christiaantober's user avatar
2 votes
0 answers
2k views

Is it illegal to claim an address as your "primary residence" if you don't live there most of the time?

I currently live and work in NJ. I am single and live with my parents. The apartment we currently live in is small and I want to buy a house, but my state is pretty expensive. My parents found a ...
AbuMariam's user avatar
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What kind of secrecy can be obtained by hiding an organization's EIN (tax number?)

I am a treasurer for an organization under a local high school in North Carolina, in the United States. The organization I am treasurer for is not registered with the IRS, but the school system is. ...
Sam Weaver's user avatar
2 votes
0 answers
32 views

Can I write off equipment purchases for unrelated business

I run a small software consulting company. It is organized as a LLC in California, filing as an S-Corp. I want to start a second business, but something unrelated to computers. I will need to ...
Drew Goodwin's user avatar
2 votes
0 answers
35 views

VAT for Sole Trader in the UK

I run a website, by which we develope website extensions. Last year, I thought I'd release a commercial extension simply to contribute towards the hosting and domain expenses. Before doing so, I ...
Lodder's user avatar
  • 121
1 vote
0 answers
82 views

Would Darrell Royal have been allowed to keep Willie Nelson's Pedernales Country Club if he had paid the amount of the foreclosure on it?

This question is more about possible government overreach than a legal question, which I thought made it a better fit on the Stack Exchange Politics site since government and taxes are topics ...
Steve Pemberton's user avatar
1 vote
0 answers
120 views

Book Revenues/Royalties That are Exempt from the Social Security Tax

Consider the following three was of publishing a book in the United States: (1) Find a publisher that will publish your manuscript. (2) Form an LLC and publish the book under that title. (3) Upload ...
DDS's user avatar
  • 1,275
1 vote
1 answer
86 views

The difference between the fair market value of the donated item and the amount of an advantage, if any, is the qualifying amount of a gift

What does "the amount of an advantage" refer to in "the difference between the fair market value of the donated item and the amount of an advantage, if any, is the qualifying amount of ...
Maurice's user avatar
  • 391
1 vote
0 answers
46 views

Is the effective tax rate for a digital nomad living in portugal 10%?

I read online that someone who earns over ~2800 euros per month can live on a digital nomad visa in Portugal and: There are several advantages: no taxes on foreign income; 20% tax on income earned in ...
Barney Chambers's user avatar
1 vote
0 answers
56 views

Is it legal to open a company in Canada whose primary commercial activity is stock trading?

Is it possible for an individual in Canada to open a company whose primary activity is trading stocks? That is, a person trades stocks under the name of the company they open. Is it legal to do so?
Faito Dayo's user avatar
1 vote
0 answers
189 views

Is it illegal to be in a position to use "varlik barisi"?

There's a tax amnesty law in this country that benefits people who kept their business / capital activity abroad. For example, you're a 3D designer working for a UK company from this country or you'...
user46804's user avatar
1 vote
0 answers
146 views

Indian bank not refunding GST charges even after late payment penalties are refunded, Need interpretation help

One bank sent a credit statement late, and later penalized my account with late payments and other financial charges. When I approached the bank citing their mistake they reversed such penzalization, ...
WordCent's user avatar
  • 123
1 vote
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40 views

When filing an FBAR after transferring all of your money from one bank to another, should the "Maximum account value" be written for both accounts?

From my understanding, FBAR is meant to track how much money US citizens hold outside of the US. Let's say that on June 2020 I had $10,000 (the minimum for FBAR reporting) in my account in the bank of ...
finks's user avatar
  • 111
1 vote
0 answers
38 views

Can businesses reclaim a higher VAT rate than applied to the products they sell?

Take an example where you are a fast food restaurant and you are using an app ("The App") such as Just Eat to handle orders. Imagine The App charges you a service fee of 20% of the order ...
David Callanan's user avatar
1 vote
0 answers
254 views

Selling from UK to EU as a private seller on an online marketplace with no IOSS number - what to do?

I would like to ask a question that relates to this existing question: Do new VAT rules apply to gifts from non-EU countries? Suppose I am a private, non-business seller on an online marketplace ...
user3490's user avatar
  • 395
1 vote
0 answers
69 views

Moving to Germany - Einküfte/income before the move in the Steuererklärung/tax reclaim

I hope someone would help me in this matter. In 2020 I was in Poland for the first seven months, and then, since August, I'm in Germany. I have received income from employment in both countries, in ...
SlumpA's user avatar
  • 111
1 vote
0 answers
27 views

Taxing companies owned domestically, but registered abroad

In a book by economists Saez and Zucman, they state the following: In 1936, dozens of wealthy Americans had created offshore shell companies, to which they had transferred the ownership of their ...
An old man in the sea.'s user avatar
1 vote
0 answers
51 views

How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?

UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
TomR's user avatar
  • 373
1 vote
0 answers
50 views

CPA leaked tax return details

A CPA that is supposedly working on my Tax application accidentally has uploaded some other people tax applications to my account on their "secured" platform. Now I am very worried that they ...
Sang's user avatar
  • 11
1 vote
0 answers
44 views

How do banks (in Switzerland and elsewhere) protect bank secrecy while adhering to government oversight?

Are banks in countries with strong secrecy laws (like Switzerland) letting the government see their account balances for oversight and tax compliance purposes? If so, wouldn't that defeat the purpose ...
logic_gaps's user avatar
1 vote
0 answers
27 views

Does apply Single Tax Principle in that situation?

Does apply Single Tax Principle in that situation: Person is citizen of Chile, but currently lives and has residence in Ukraine and works remotely meanwhile Chile. Does he need pay taxes in Ukraine?
faro's user avatar
  • 65
1 vote
0 answers
264 views

Can a server justify a permanent establishment in a tax manner?

Let's assume I am located in Germany, but I am operating servers in some other country, for example Ireland. My fictional business is running these servers to rent them out to others (like hosting ...
miho's user avatar
  • 111
1 vote
0 answers
16 views

What constitutes 'pre-existing structure' in a tax abatement?

I recently purchased a new construction condo in Philadelphia, PA which is subject to a tax abatement via Philadelphia Ordinance 1456-A. According to a document I have from the City of Philadelphia's ...
Runeaway3's user avatar
  • 269
1 vote
0 answers
29 views

Can an EU country claim tax fees of an orphan pension refund of times where the affected person resided in another?

Explanation at the example case: Person A is an orphan and was moved from an EU country X to another EU country Y. Lately, after a few years his pension claims were successful and he has received a ...
RobertS supports Monica Cellio's user avatar
1 vote
0 answers
41 views

Un-Accepted Income

In the question, Refusing income or payment without tax liabilities, the accepted answer states, Generally speaking, you can not "turn your back" on income you are entitled to receive. What ...
B540Glenn's user avatar
  • 111
1 vote
0 answers
29 views

Does the ATO recognise a PayPal business account as a valid business account?

The Australian Tax Office requires that all registered companies have a dedicated bank account for their business. Does the ATO recognise a PayPal business account as a valid business account? I'...
Learner's user avatar
  • 225
1 vote
0 answers
33 views

Does an increase in Tax Exemptions mean I will pay less in Tax for each paycheck? (USA)

I get too big of a refund each year, so I want to get that closer to 0. Not owing and not getting a refund, in tax. Should I increase "exemptions"? Also is "Allowance" and "Witholdings" and "...
default_noob_network's user avatar
1 vote
0 answers
23 views

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 ...
Joel Croteau's user avatar
1 vote
0 answers
56 views

Equity compensation for a foreign worker

Can an employee working from India get equity compensation from the employer who is registered in the USA? The employee does not hold a work visa in the USA and the employer does not have a registered ...
moonstar's user avatar
  • 111
1 vote
0 answers
68 views

German Tax for foreigner student

If you are a foreigner (US citizen) living abroad in Germany to attend a school, what kinds of taxes are required if you are also involved in the following business: You receive your own/family money ...
Sam Adamsh's user avatar
1 vote
0 answers
71 views

Change an S-Corp to a Sole Proprietorship

A bit of background: I'm working towards building a business selling on Amazon. I've been doing this for less than 2 months, and have less than $200 in sales, whereas I've spent about $700 on this. In ...
Ruth Distad's user avatar
1 vote
0 answers
62 views

VAT going from the US to France

I am a french national currently residing in the US as a non-resident alien. I will soon move back to France. Before that, I am considering buying a laptop here in the US instead of buying it in ...
hal's user avatar
  • 11
1 vote
0 answers
2k views

Questions about private mailbox address used for LLC in California

I recently created an LLC using a private mailbox to keep my home address private in public records (in California). I work from home so using my home address is not an option due to privacy concerns. ...
user3186337's user avatar
0 votes
0 answers
43 views

Which payroll tax and labor laws are relaxed when hiring a family member instead of a regular employee caregiver in California?

There is plenty of information already for an elderly dad hiring a caregiver as a household employee in California such as this check list for California tax and labor laws. And this check list is ...
GratefulDisciple's user avatar
0 votes
0 answers
26 views

Pay Additional Dwelling Supplement if buying a new main residence?

This applies to purchasing a home in the UK: If I were to buy a new house that will become my new permanent residence, but I don't sell my current home and instead intend to let it out, do I need to ...
Leonhard Euler's user avatar
0 votes
0 answers
141 views

Is it legal to do lots of imports £1 below the limit to not have to pay import duty?

Recently (since Brexit?) the UK tax law has been changed to require foreign online retailers like AliExpress to charge UK VAT @ 20% at the point of sale. If an order is placed for > £135 then as ...
Danny Beckett's user avatar