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Business Law

What are some of the Benefits of Having a Shell Company?

A shell company can be created when shareholders of a private company purchase control of the public shell company and then merge it with the private company. The publicly traded corporation is called a “shell” since all that exists of the original company is its organizational structure. The private company shareholders receive a substantial majority of the shares of the public company and control of its board of directors.

Oscar Gomez January 16, 2019

What are the new procedures after the “OVDP” was terminated?

On September 28, 2018, the IRS officially terminated the Offshore Voluntary Disclosure Program (“OVDP”). The

Eric Gros-Dubois January 8, 2019

Estate Planning

Do I Need a Trust Amendment or a Trust Restatement?

Generally, it is recommended that your estate planning documents, including your revocable trust, are reviewed at least once a year. This is especially important if you have experienced any significant life changes.

Elizabeth Fernandez January 7, 2019

Business Law

What is the Florida Construction Industry Recovery Fund?

Where has all my money gone? If you have ever found yourself asking this question when working with a contractor or construction company, and the project seems to always be going over budget, then you may be entitled to recover from the Florida Construction Industry Recovery Fund. However, there are a few qualifications you must meet before recovering.

Eric Gros-Dubois January 5, 2019

¿Cuáles son los riesgos de responsabilidad civil para los funcionarios corporativos al disolver una Corporación FL?

Si usted es un director o funcionario de una corporación que se encuentra en proceso

Eric Gros-Dubois January 5, 2019

Business Law

What are the Liability Risks for Corporate Officers when Dissolving a FL Corporation?

If you are the director or a corporate officer of a corporation in the process of dissolution you might want to evaluate whether you will be personally held liable. If corporate formalities are not followed and the corporation proceeds with distributions to the shareholders before satisfying outstanding corporate debts, the directors might be held personally liable.

Eric Gros-Dubois December 23, 2018

Business Law

Should an Independent Contractor Incorporate as an LLC or S-Corporation?

Generally, independent contractors, also known as 1099 workers, are considered self-employed and a sole-proprietorship. As such you will be required to pay self-employment taxes. As an independent contractor, you can be sued for your actions or inactions in performing your work.

Eric Gros-Dubois December 14, 2018

Employment Law

What are Restrictive Covenants in Employment?

Restrictive covenants (RC), generally, are clauses in a contract that restrict a person’s actions. They can apply to property, in which case the clause could restrict the use of land. However, for the purposes of this blog, we will discuss RCs in employment.

Eric Gros-Dubois December 10, 2018

Business Law

How Important is an Attorney’s fee Clause?

When writing a contract people usually think that putting in the basics about what they are agreeing to and some standard legal language will cover everything with the agreement. However, most people don’t like to think of the possibility that something may go wrong with their contract and may end up having to take that document to court to enforce either the completion of what was set forth within the contract or whatever remedy was set forth for breaching said contract.

Eric Gros-Dubois December 3, 2018

Does my website need to be ADA compliant?

The Americans with Disabilities Act (ADA) enacted in 1990, prohibits discrimination on the basis of

Eric Gros-Dubois November 28, 2018

Business Law

How does Chinese Overtime work?

The Fair Labor and Standards Act (FLSA) provides that employees paid on an hourly basis must be compensated at the rate of one and one-half their regular wage for each hour over 40 worked in a week. It’s fairly simple, if you are paid $10 an hour and you work 50 hours in one week, those extra 10 hours must be paid at a rate of $15 per hour.

Eric Gros-Dubois November 24, 2018

Business Law

An Overview of Qualified Business Income (QBI) Deductions: Part Three; Taxpayers Between the Taxable Income Thresholds

The first and second post of this series on QBI deductions analyzed the purpose of the deduction and how it applies specifically to taxpayers below the lower threshold or above the higher threshold. This post addresses taxpayers that fall between the two thresholds.

Eric Gros-Dubois November 14, 2018

Business Law

An Overview of Qualified Business Income (QBI) Deductions: Part Two; Taxpayers Above the Higher Taxable Income Threshold

The first post in this series on QBI deductions examined the purpose of the deduction, who can claim it, and how to calculate QBI deductions for taxpayers in a lower threshold. This post specifically addresses taxpayers with a taxable income above the higher threshold of $207,500, for individuals, or $415,000, for joint filers.

Eric Gros-Dubois November 13, 2018

Business Law

An Overview of Qualified Business Income (QBI) Deductions; Part One

A new and important provision in the Tax Cut and Jobs Act (TCJA), enacted in December of 2017, is Section 199A, which allows deductions for qualified business income (QBI). This post is part one of a three-part series and addresses what QBI is, who may claim QBI deductions, how they may claim such deductions, and how to calculate the deduction for taxpayers below the lower threshold.

Eric Gros-Dubois November 11, 2018

Business Law

What are the Deductions for the new Tax Act?

The Tax Cuts and Jobs Act passed in 2017, and effective in 2018, provides businesses with a reduced tax rate, but also significantly alters the tax deductions businesses can claim. Some major categories of tax deductions that have been adjusted are meals, entertainment, and travel for either employees or clients

Eric Gros-Dubois November 4, 2018

What is Slander of Credit?

The saying used to go, “A man’s only as good as his word.” However, these

Eric Gros-Dubois October 27, 2018

Employment Law

What is Corporate Social Responsibility?

Corporate Social Responsibility is a private business self-regulating model that helps a company to be accountable to itself, its stakeholders, and to the public. In essence, when a company adopts CSR policies and practices, its planning and decision-making reflect the potential impact of its corporate actions on various stakeholders and constituencies.

Eric Gros-Dubois October 23, 2018

If I use old Patent Drawings as art, does it Violate Copyright or Patent law?

Patents are a government-issued license that gives an inventor the exclusive ability, for a period of time, to make, use, or sell an invention of their creation.

Eric Gros-Dubois October 15, 2018

How many DBA’s can a FL company have?

We’ll keep it short and simple this time. Every state has different regulations on DBA’s.

Eric Gros-Dubois October 2, 2018

How Tax Lien works

When a person fails or neglects to pay income taxes owed, the likely consequences involve

Eric Gros-Dubois September 26, 2018

When a fashion model is hired to do pictures, who owns the photographs?

If you are reading this blog, you are probably facing copyright issues as either a

Eric Gros-Dubois September 24, 2018

Foreign Reporting

Do I have to pay Property Taxes as a Foreigner Investor?

All foreign investors owning U.S real property are responsible for paying taxes on any and all rental income they earn in the United States from that property. As a general rule, a non-US person who rents out his or her U.S. property is subject to a 30% withholding tax imposed on the gross amount of each rental payment.

Eric Gros-Dubois September 21, 2018

Uncategorized

EPGD Law Shining Start: Igor Hernandez, Esq.

Ladies and gentlemen, we’re back with another NEWSIES™ Shining Star Highlight! Recently, we had the

Eric Gros-Dubois September 18, 2018

What type of social media posts are admissible in court?

As in with all pieces of evidence, we must ask the same question when it

Eric Gros-Dubois September 17, 2018

Estate Planning

How do I Claim the Florida Homestead Exemption?

Florida law allows homeowners who use their Florida home as their residence to claim a homestead exemption. The Florida Constitution provides a tax-saving exemption by reducing the taxable value of real property by up to $25,000, and $50,000 for a married couple. Florida

Eric Gros-Dubois September 16, 2018

Business Law

Can you Claim Trademark Infringement on Google Adwords?

Google allows businesses to purchase advertising space, causing your advertising material and website link to appear more prominently as a result of a search for a particular keyword. However, companies that have a trademark on certain words may have a case for trademark infringement for these types of actions.

Eric Gros-Dubois September 10, 2018

Intellectual Property Law

What is Trademark Infringement?

Trademark infringement is the unauthorized use of another trademark or service mark (or a substantially similar mark) on competing or related goods and services. Trademark law protects a trademark owner’s exclusive rights to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods.

Eric Gros-Dubois September 4, 2018

Business Law

Can Facebook Live videos be considered as evidence?

In an age where social media laws are changing as fast as the platforms themselves, always use caution and consideration when uploading videos. The internet is forever.

Eric Gros-Dubois August 27, 2018

EPGD Law Blog