Franchise Law
Financial Performance Representation AKA Item 19
Item 19 is an item on a Franchise Disclosure Document known as a “Financial Performance Representation.”
Eric Gros-Dubois
January 17, 2020
Intellectual Property Law
Trademark Registration With U.S Customs and Border Protection
With a validly registered trademark with the USPTO, the United States Customs & Border Protection (“CBP”) offers further protections with the ability to record that trademark through them as well.
Eric Gros-Dubois
January 17, 2020
Business Law
Private Foundation vs. Public Charity: What’s the Difference?
Both a private and public charity are actually very similar in nature, the only small difference between the two is the manner in which funds are attained by the organization.
Niuris Bezanilla
January 17, 2020
Business Law
Assignment for the Benefit of Creditors
An Assignment for the Benefit of Creditors, commonly referred to as ABC, is an alternative to bankruptcy in which the business turns over its assets to creditors.
Eric Gros-Dubois
January 16, 2020
Business Litigation
Florida Worthless Check Statute
Florida statue §68.065 permits the recipient of a bad check to file a lawsuit to collect on the check.
Oscar Gomez
January 16, 2020
Homestead Exemption
Can I Lose my Homestead Exemption in Florida?
To qualify for the homestead exemption, a person must meet certain requirements and a person may lose their homestead exemption if the requirements of the statute are not met every year.
Niuris Bezanilla
January 16, 2020
Employment Law
How do I know if I am Being Misclassified as an Independent Contractor?
If your employer controls how long your lunch is, how many hours a day you have to come into the office, how many sick days or vacations you have, how the work is done, when the work is done, and where the work is done then you are being misclassified as an independent contractor.
Eric Gros-Dubois
January 15, 2020
Tax Law
Do you have to file Form 5471?
Form 5471, is an informational return that reports activity of foreign corporations in which certain U.S. citizens or residents, who are officers, directors, or shareholders of a certain foreign corporation are required to file. The term “certain” leaves room for interpretation, which is why it is important to consult a tax attorney who understand the different categories of fillers the IRS provides.
Eric Gros-Dubois
January 15, 2020
Tax Law
What is the 2025 Tax Sunset?
President Trump signed the Tax Cuts and Jobs Act (“TCJA”) into law on December 22, 2017, which brought many changes to the Internal Revenue Code (“IRC”). The changes made have affected many taxpayers in different ways.
Niuris Bezanilla
January 15, 2020
Business Law
S-Corporations with Disproportionate Distribution
The general rule is that distributions from S-Corporations to shareholders should be proportional to each shareholder’s ownership interest.
Eric Gros-Dubois
January 15, 2020
Real Estate Law
Residential Security Deposit Laws in Florida
Florida statute provides that a landlord is to refund the full amount of the security deposit, minus any findings of property damage or other incidentals, within 15 days after the tenants move out of the residence.
Oscar Gomez
January 13, 2020
Intellectual Property Law
What is the Nice Agreement?
With a total of 45 individual classes, the Nice Agreement establishes international classifications of trademarking goods and services.
Eric Gros-Dubois
January 13, 2020
Business Litigation
Are There Advertising Restrictions for Dental Practices?
The American Dental Association and Florida Statute § 466.019 mandate laws for advertising by dentists.
Eric Gros-Dubois
January 13, 2020
Business Law
Can I Self File with the USPTO If I Am a Foreign Applicant?
New trademark laws state that any trademark filer that is domiciled abroad must appoint and be represented before the USPTO by an attorney who is licensed to practice law in the United States.
Eric Gros-Dubois
January 13, 2020
Intellectual Property Law
Can You Trademark a Sound?
An individual may apply to register a sound with the USPTO, but the federal courts have held that the sound must be “so inherently different or distinctive that it attaches to the subliminal mind of the listener, to be awakened when heard, and to be associated with the source or event.”
Eric Gros-Dubois
January 13, 2020
Tax Law
What is Tax Form 1120?
When an individual or group of individuals decide to incorporate their domestic business, it is then a requirement to annually file IRS Form 1120, the U.S. Corporate Income Tax Return.
Eric Gros-Dubois
January 13, 2020
Tax Law
Is There Self-Employment Tax for a LLC with Passive Income?
If a LLC member is not personally liable for the LLC’s debts, has no authority to contract for the LLC, or does not participate in the LLC’s business for more than 500 hours per year, their income is considered passive, and therefore, not subject to self-employment tax.
Eric Gros-Dubois
January 13, 2020
Real Estate Law
What are the Setbacks Required on my Property?
A Setback is the distance from the Base Building Line (the officially mapped street line) to the point where a building may be constructed. The City of Miami provides setback requirements for property owners in the Miami 21 Zoning Code.
Eric Gros-Dubois
January 13, 2020
Business Law
Do I Qualify for a Qualified Business Deduction Under §199A?
The Internal Revenue Code provides business owners an income deduction when reporting their qualified trade or business’ income, also known as a qualified business income.
Niuris Bezanilla
January 13, 2020
Real Estate Law
Should You Use a S-Corporation or a LLC for Rental Properties?
After deciding whether to invest in rental properties, it is important to make an informed decision regarding the kind of business entity your company should become.
Eric Gros-Dubois
January 13, 2020
Business Litigation
Don’t be Fooled by “Attorneys…”
Many states have tried providing education to the public to be careful in who they hire to help with their legal problems. Additionally, many states, such as Florida, have established programs to protect the public against harm caused by individuals pretending to be attorneys.
Eric Gros-Dubois
January 10, 2020
Business Law
What to Know About the British Virgin Island Economic Substance Act
The Act came into effect on January 1, 2019 and was amended on January 30, 2019. The Act was established based on concerns rising from the EU (European Union) Code of Conduct Group for Business Taxation and OECD (Organization for Economic Co-operation and Development) guidance around the economic substance of entities in jurisdictions a very low to zero percent corporate tax.
Eric Gros-Dubois
January 10, 2020
Estate Planning
What is a GRAT?
GRAT, short for Grantor Retained Annuity Trust, is a type of irrevocable trust that alleviates the tax cost of passing assets to your beneficiaries.
Niuris Bezanilla
January 10, 2020
Business Law
Dissolving a Delaware Corporation
Corporations lean on Delaware’s favorable business laws when it is time to incorporate their business. However, what happens when you want to dissolve your Delaware corporation?
Eric Gros-Dubois
January 10, 2020
Business Law
What You Need to Know About Non-Disclosure Agreements
Breaching an NDA can have serious consequences (e.g., a lawsuit against the person who is revealing the private information). Normally, the remedies for a breach of an NDA are in the NDA itself. Therefore, it is important to have a detailed NDA, which includes what is covered by the contract and the repercussions for disclosing such information.
Oscar Gomez
January 10, 2020
Tax Law
Business Tax Planning Opportunities Under the Tax Cuts and Jobs Act
As with any tax act, there are a number of areas for devious planners to take advantage. Following is a list of strategies you can take to ensure your business benefits from the new business tax landscape.
Eric Gros-Dubois
January 10, 2020
Foreign Reporting
What’s the Deal with GILTI?
Introduced in 2017 as part of the Tax Cuts and Jobs Act, GILTI, or “Global Intangible Low Tax Income,” is an outbound provision that broadens the scope of foreign earnings subject to U.S. taxation with the goal of reducing the incentive to shift corporate profits out of the U.S. into low or zero-tax jurisdictions.[1] Applicable to large multinational companies and to U.S. shareholders of certain foreign corporations, GILTI is fundamentally an anti-deferral provision that limits the amount of foreign income a U.S. shareholder can defer from U.S. tax.
Eric Gros-Dubois
January 10, 2020
Tax Law
Nonprofit Forms 1023 & Form 1023-EZ
The main difference between Form 1023-EZ and Form 1023 is the information required from the organization and the time for approval. Form 1023 is used by organizations that are bigger and expect to receive more than $50,000 in the following three years. While Form 1023-EZ is three pages, Form 1023 is 26 pages!
Niuris Bezanilla
January 10, 2020