Blog - Page 3 of 23 - EPGD Business Law

Documentary Stamp Tax

Foreign Investing in Florida Real Estate

Foreign investing has seen a dramatic increase the last several years. Florida has been one of the more prominent locations where such foreign investing occurs, specifically in real estate. Miami, in particular, contains a lucrative real estate market where many investors from all over the world come to invest. It is imperative that these foreign investors are aware of the various implications when acquiring property with a particular holding structure and properly plan their investments.

Eric Gros-Dubois November 17, 2020

COVID-19

COVID -19 Employer Aid & Tax Credits

The COVID-19 pandemic has been looming over businesses and employees for a majority of the year. Florida businesses have been greatly affected and unemployment numbers have increased substantially throughout the pandemic. Miami businesses, in particular, were greatly affected due to county wide quarantine shutdowns and curfews. Many of these businesses that have been severely impacted by the pandemic will qualify loans through the CARES Act and two new employer tax credits.

Eric Gros-Dubois November 17, 2020

protection

Does the Federal Trade Commission Impose Regulations on Credit Repair Companies?

Yes, as part of its broad authority to protect consumers, the Federal Trade Commission (FTC) enforces the Credit Repair Organizations Act (CROA) which specifically relates to credit repair services. This act regulates the behavior of companies offering credit repair services to consumers.

Eric Gros-Dubois November 10, 2020

Real Estate Law

Florida’s Eviction Moratorium has Expired. Now What?

In March, due to the coronavirus pandemic and the economic disadvantage it placed many Floridians, the Governor of Florida issued a moratorium on all mortgage foreclosure and eviction causes of action in the state. Although this executive order has now expired, the Centers for Disease Control and Prevention (CDC) has released a new order, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”

Eric Gros-Dubois November 10, 2020

Tax Law

Can You Deduct the Costs of Gifts from Your Business Income?

Certain gifts made during the course of the year can be deducted from your business’s taxable income. Of course, the IRS provides several limitations and exceptions, such as a $25 maximum per recipient and exclusion of gifts which are branded with the giver’s name or logo.

Alex Cruz November 10, 2020

Family Law

How Do I File for Divorce in Florida?

Every state has its own significant divorce laws and regulations. Florida is a no-fault state, meaning that there does not need to be a party at fault for the divorce. The spouse asking for a divorce simply needs to claim that the marriage is “irretrievably broken.” It is important to note, that when filing for divorce, Florida has its own residency requirements. The spouse filing for divorce has to have lived in the state for at least six months prior to initiating a divorce. However, there is one exception to this rule.

Eric Gros-Dubois November 5, 2020

protection

What is the Florida Consumer Collection Practices Act (FCCPA)?

The Florida Consumer Collection Practices Act (FCCPA) limits the method in which debt collectors and creditors interact with consumers when attempting to collect a debt. The act prohibits creditors and debt collectors from using abusive, unfair, or deceptive tactics when collecting debt from consumers. Additionally, it provides a right to bring litigation against wrongdoers and to recover damages and attorneys’ fees.

Samuel Gittle November 4, 2020

Contract

Can I Move My Limited Liability Company (LLC) From One State to Another?

If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.

Eric Gros-Dubois November 3, 2020

Real Estate Law

Statute of Limitations on Landlord Tenant Security Deposit Disputes

A security deposit is a refundable fee that a new resident gives to their landlord in addition to advance rent payment. The security deposit is essentially an insurance on the property in the event that the tenant causes any damages made by the tenant that exceeds ordinary wear and tear.

Eric Gros-Dubois November 3, 2020

Civil Litigation

When May a Landlord Withhold a Tenant’s Security Deposit?

A security deposit is a refundable fee a landlord takes from a tenant at the start of a lease term. Landlords may withhold security deposits for several reasons, such as protection against damage to the premises, to cover a loss due to non-payment of rent, or to cover unpaid utilities once the tenant has vacated the premises.

Oscar Gomez November 2, 2020

Contract

What is the Florida Documentary Stamp Tax?

The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.

Eric Gros-Dubois October 28, 2020

Real Estate Law

What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?

In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.

Oscar Gomez October 27, 2020

Contract

What is a Fictitious Name or “DBA” in Florida?

Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”

Eric Gros-Dubois October 27, 2020

Trusts & Estates

Florida’s Slayer Statute

One of the most bone-chilling and eerie probate laws in Florida is the “Slayer Statute”. Essentially, slayer statutes prevent murderers from inheriting from their victims. The majority of the states in the U.S. have enacted statutes preventing someone from inheriting from an individual whose death they have caused, but specific rules and provisions vary from state to state on how the Slayer statute is applied.

For example, some states vary on whether an insanity defense is taken into account on the topic of inheritance and probate. Other distinctions include whether the “slayer” committed an intentional homicide and not a manslaughter, whether a criminal conviction is required for the Slayer statute to be applied in the probate context, and whether the heirs of the “Slayer” are also disinherited.

Elizabeth Fernandez October 23, 2020

Tax Law

What is a Like-kind Exchange?

A like-kind exchange (also referred to as a 1031 exchange or Starker exchange) can help lower your current tax bill by deferring the tax due on the sale of your property.

Alex Cruz October 15, 2020

Business Law

Your Questions About PPP Loan Forgiveness Answered

With the SBA’s release of the simplified PPP Loan Forgiveness Application, business owners are trying to navigate all the available options for PPP loan forgiveness. Here are some common questions with answers according the SBA’s regulations as of October 13, 2020. Please note that the SBA’s requirements and application process for PPP Loan Forgiveness are constantly evolving, thus you should always double check that this information is consistent with the current guidelines provided by the SBA.

Eric Gros-Dubois October 15, 2020

Business Law

The SBA Announces New, Simplified Loan Forgiveness Application

As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.

Eric Gros-Dubois October 13, 2020

Estate Planning

How Will My Heirs Inherit From Me?

A topic that comes up often in estate planning is how to divide up estate assets among beneficiaries. “Should I divide up my inheritance?” “Should one child get more than the other?” As estate planning attorneys, our role is not just to prepare documents and make sure things are in place for our client’s wishes and intentions to be carried out, but to also counsel and advise our clients on the best strategies given their unique situations.

Niuris Bezanilla October 8, 2020

Employment Law

What If I Was Furloughed In Florida?

According to Section 110.107(11) of the Florida Statutes, “Furlough” means a temporary reduction in the regular hours of employment in a pay period, or temporary leave without pay for one or more pay periods, with a commensurate reduction in pay, which is necessitated by a projected deficit in any fund that supports salary and benefit appropriations.

Eric Gros-Dubois October 7, 2020

Real Estate Law

When May a Landlord Withhold a Tenant’s Security Deposit?

Eric Gros-Dubois October 1, 2020

Litigation

What is the New Eleventh Circuit Ruling On Incentive Awards?

An incentive award is a monetary award typically given by the court to the named plaintiff in a class-action case. This is done to compensate the named plaintiff for all of his or her personal time and effort devoted to the case. The public policy behind incentive awards has always been to encourage individuals to take on the role of the named plaintiff in a case, to work closely with the class’s attorneys and other members of the class.

Oscar Gomez September 30, 2020

Estate Planning

Why The Need to Plan?

Estate planning attorneys often times run into situations where clients undermine the importance of having an estate plan. After the Tax Cuts and Jobs Acts (“TCJA”) was passed, the estate tax exemption nearly doubled to $11.18 million for single individuals and $22.36 million for those that are married. Due to the immense increase in the exemption, the market for secession planning has encountered a short decline. However, planning is necessary so that your best interests are adhered to in the event you’re unable to adhere to them yourself.

Niuris Bezanilla September 29, 2020

What is Copyright Cancellation?

Copyright cancellation is when the Copyright Office eliminates a copyright as the registration was invalid. There’s a number of reasons why the Copyright Office would find grounds for cancelling a registration. For example, the Copyright Office will cancel a completed registration in cases where no registration should have been made because the work does not constitute copyrightable subject matter or fails to satisfy the requirements for obtaining copyright.

Silvino Diaz September 29, 2020

Trusts & Estates

Do Non-Married Partners Have Inheritance Rights In Florida?

Long-term relationships and domestic partnerships are becoming more common in today’s society, which brings with it a host of legal issues, especially when it comes to estate planning and death. Unlike in a traditional marital relationship, when one of the partners becomes deceased, there are no marriage laws to protect the surviving partner when claiming the assets of their now deceased partner’s estate.

Niuris Bezanilla September 24, 2020

Litigation

What is the Florida Construction Defect Statute (FCDS)?

Due to the frequency of issues arising out of faulty construction, the Florida legislature has created an alternative method to resolve such disputes that would reduce the need for litigation while protecting the rights of property owners. Under the Florida Construction Defect Statute, a property owner or a condominium/homeowner’s association is required to send a written notice of claim to contractors, design professionals and/or developers to resolve alleged defects before resorting to further legal process.

Oscar Gomez September 22, 2020

trademark

Can Fictional Character Obtain Trademark Protection?

Yes, fictional characters can obtain trademark protections. In the realm of Trademark law, trademarks are

Silvino Diaz September 22, 2020

Can Fictional Characters Obtain Copyright Protection?

Yes, fictional characters have copyright protection. In copyright law, copyrights are awarded to literary and artistic works that are: (1) original works of authorship and are (2) fixed in a tangible medium of expression. Therefore, in order for a literary or artistic work to be eligible for copyright protection, it needs to be a product of the imagination of its author(s), rather than a copy of someone else’s work.

Silvino Diaz September 22, 2020

Trusts & Estates

Batalla del conservador de la princesa pop

Desde que se convirtió en un icono del pop adolescente a principios de la década del 2000, Britney Spears no ha sido ajena a la controversia y a los titulares de las revistas. Después de un colapso público en 2007, con la cabeza afeitada y atacando a los paparazzi, Britney comenzó una serie de estancias en centros de rehabilitación. Mientras Britney se centraba en su salud mental, su padre, Jamie Spears, fue nombrado por un tribunal para que examinara a Britney y sus finanzas, también conocido como tutela. Desde entonces, Britney ha mantenido un perfil bastante bajo. Sin embargo, recientes publicaciones en medios sociales y una serie de peticiones judiciales han vuelto a poner a Britney en los titulares. Específicamente, Britney ha solicitado a la corte que retire su tutela y los fans están llamando a “#freebritney” para que deje de estar bajo el control de su padre.

Niuris Bezanilla September 16, 2020

EPGD Law Blog