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EPGD Law Blog

Tax Law
Eric Gros-Dubois

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.

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Tax Law
Eric Gros-Dubois

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.

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Real Estate Law
Eric Gros-Dubois

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.

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Business Litigation
Eric Gros-Dubois

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.

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Business Law
Eric Gros-Dubois

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.

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Estate Planning
Niuris Bezanilla

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.

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Business Law
Eric Gros-Dubois

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?

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Business Law
Oscar Gomez

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.

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Foreign Reporting
Eric Gros-Dubois

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.

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Tax Law
Niuris Bezanilla

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!

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Estate Planning
Niuris Bezanilla

What Happens to a Car Lease After the Car Lessee’s Death?

Often times, payments still need to be made and the payments become the responsibility of the deceased car lessee’s estate. Sometimes car dealerships will negotiate with the personal representative of the deceased’s estate and may be able to transfer the remaining lease to another person.

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Tax Law
Eric Gros-Dubois

Qualified Opportunity Zone Funds

The first Opportunity Zones were designated on April 9, 2018. To date, the Treasury Department has certified more than 8,700 Opportunity Zones spanning 50 states, the District of Columbia, and five U.S. territories qualifying for the aforementioned tax benefits.

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Business Law
Eric Gros-Dubois

What is a Corporate Monitor in Florida?

Monitors are usually appointed to perform a specific set of duties, and often only have a single-purpose duty. Corporate monitors only supervise rather than manage. Specifically, the Department of Justice has stated that the scope of the monitor ship should be tailored to address the specific issues and concerns that created the need for a monitor.

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Estate Planning
Niuris Bezanilla

Is an Executor the same as a Personal Representative?

The personal representative you appoint will be the person in charge of handling your estate once you pass. This individual has vast responsibilities and powers; therefore, your personal representative should be someone that you trust.

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Business Litigation
Oscar Gomez

How do you Serve Process on Corporations?

Service of process in Florida can be made in person as well as by mail. To serve a corporation in person, the plaintiff should coordinate with the sheriff of the county in which the person to be served on behalf of the corporation is located.

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Business Law
Oscar Gomez

Florida Deceptive and Unfair Trade Practices Act

Courts have given some guidance on what constitutes deceptive and unfair trade practices by companies in Florida. A business engages in deceptive practices if the action is likely to mislead the consumer. On the other hand, a business participates in unfair practices if it acts contrary to public policy by behaving unethically or oppressively towards consumers or other businesses.

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Real Estate Law
Eric Gros-Dubois

What Can a Landlord do if a Tenant Leaves Behind Property?

One of the most tension fraught relationships is that of a landlord-tenant. Landlords are subject to a variety of laws including regulation of rent, termination, and eviction. One such law is the Disposition of Personal Property Landlord and Tenant Act, which prescribes rules by which landlords are allowed to dispose of tenant property which remains on the premises after a tenancy is terminated.

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