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Landlord Security Deposits

Security deposit laws in every state allow a landlord to collect money from a tenant to repair damage that exceeds normal wear and tear and for unpaid rent. After a tenant moves out of the rental unit, the landlord must return the unused portion of the security deposit to the tenant within a specific time. In some states, a landlord must also pay the tenant interest on the security deposit.

To assess the condition of the rental unit, the landlord will inspect for damage and cleaning requirements. Oftentimes, the landlord completes the inspection without the tenant present, but in some states tenants have the right to be present at the move-out inspection. A tenant should take advantage of this right or option if it is available.

The landlord may rely on the move-in statement to help evaluate the damage. A move-in statement will provide important documentation of the rental unit’s original condition. During the move-out inspection, notes and photos of the premises are used to record the current condition of the rental unit. A comparison of notes and photos from the move-in and move-out inspections will help determine the damage caused by the tenant.

Security deposit laws allow a landlord to use the deposit to fix damage that exceeds normal wear and tear. In general, a landlord may use a security deposit to restore the rental unit to the same condition it was in before the tenant’s occupancy. A landlord cannot charge to fix damage caused by ordinary wear and tear. If damage or dirt and grime exceed normal wear and tear, the landlord may deduct the cost from the security deposit. When restoring the rental unit, the landlord should not replace the item when a repair is adequate. For example, one broken tile does not merit replacing the entire floor, it usually is just that tile.

Many states allow a landlord to deduct unpaid rent from the security deposit under some conditions. For example, if the tenant leaves after giving appropriate notice, but was behind on the rent. The tenant stays beyond the planned termination date. The tenant moves out without giving legal notice, typically 30 days notice is required. The tenant is legally evicted, etc. It’s best to speak a real estate lawyer to address these issues to find out the information as it currently is. Laws change constantly and the only safe way to know how to proceed is to speak with a licensed Utah attorney.

Security deposit laws also regulate the return of a tenant’s security deposit. In most states, a landlord must return a deposit within 30 days, but deadlines range from 14 to 60 days. Most state laws require a landlord to mail the following to the tenant’s last known address or forwarding address. If the tenant is supposed to get it, the entire security deposit, plus interest if applicable; or an itemized list of deductions for cleaning, repairs, and unpaid rent and the remaining security deposit, plus interest if applicable. The itemized statement should include an explanation for each deduction. For instance, a description of the damage, the required repair, and the cost of making the repair should be included in the statement. If some repairs are incomplete, an estimate of the cost is sufficient. Copies of bills, receipts, and estimates for repairs should accompany the itemized statement sent to the tenant.

Real Estate Attorney Free Consultation

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Home in Bankruptcy

The following is a portion of an interview of attorney Ryan Simpson who regularly practices in bankruptcy court talk about protection your home in a bankruptcy case.

Interviewer: All right. And just for the transcriptionist, this is the interviewer.

Ryan E. Simpson, Esq.: That’s right.

Interviewer: And Ryan is the attorney. So – OK. So what are the big warning signs that you’re seeing in bankruptcy right now? What are the problems that we’re seeing?

Ryan E. Simpson, Esq.: The last 12 to 24 months, real estate values have gone up and the homestead exemption is only $30,000 to $60,000 depending on whether you’re married or not. I’m watching a lot of young attorneys and other attorneys who aren’t watching real estate values get their clients in trouble because they’re not aware of the value of the property.

Interviewer: So what’s a homestead exemption? What does that mean?

Ryan E. Simpson, Esq.: The homestead exemption is the Utah code that lets you exempt or protect up to $60,000 equity in your home. So if you have less than 60 grand equity in your home, if you’re a married couple, the trustee cannot touch your home or sell your home.

Interviewer: Well, how do you know if you have equity in your home? Like I mean is it based on your tax value, that notice you get once a year from the county?

Ryan E. Simpson, Esq.: In a chapter 7 bankruptcy, the value is based upon back where the market is, what a realtor would sell it for. Typically I use Zillow as a gauge to determine what it’s worth. Zillow isn’t always accurate but it’s a good gauge to determine what a realtor would sell it for and if it’s even close to the homestead exemption, then we are looking at filing a check with 13 bankruptcy where we can protect the equity in your home.

Interviewer: What if you have more than $30,000 or more than $60,000 equity and you want to file a chapter seven in order to have that fresh start?

Ryan E. Simpson, Esq.: If you had more equity than what is exempted, the chapter 7 trustee will sell your home, give you $30,000, $60,000, tell you thank you because he or she will put 10 to 20 grand in their pocket for their work and pay the rest of your creditors. You will lose your house unless you have –

Interviewer: So if you file a chapter 7, you’re going to lose your house if you have a lot of equity.

Ryan E. Simpson, Esq.: Yes.

Interviewer: OK. So what do you do? What’s the other – are there other options?

Ryan E. Simpson, Esq.: To protect yourself, there’s always a chapter 13 bankruptcy. The chapter 13 bankruptcy looks at the assessor value and for the last two years the assessor value has been considerably lower than the CMAs or the market value. And if you do have more than the exemption amount, we can always buy back the equity, the chapter 13 plan by paying more to your creditors up to the non-protected amount of your equity.

Interviewer: What do you mean when you say buy back equity? What does that mean in a chapter 13?

Ryan E. Simpson, Esq.: For example if you’re a married couple, you can claim $60,000 exemption on your home. But if you had $80,000 equity, so basically there’s $20,000 that is not protected. The $20,000 we can pay back to your creditors over a five-year period into your bankruptcy plan. So basically you would be paying about $350 a month to save your house for five years.

Interviewer: What if you can’t afford that 350 a month? You just don’t have any room in the budget for 350 a month? What are your options at that point?

Ryan E. Simpson, Esq.: Then we have to get really creative on whether we’re going to file – to buy you some time while we figure out how to refinance your house or to buy you time to sell it and recoup the equity. There are still options. They do become more limited but there are options. In a chapter 13 bankruptcy, after 12 months of on-time payments, you are generally eligible for an FHA loan. So there is an option where we might be able to get your home refi-ed and pay off your debts also that way.

Interviewer: OK. So what if you don’t qualify for a loan? What if FHA changes their requirements? So are you just out of luck or is it just having to constantly meet with you to make sure that we’re doing the right thing?

Ryan E. Simpson, Esq.: If the FHA requirements do change, then we will continually meet and figure out other strategies. Loans are always changing. A loan today may not be around a couple of years from now. But also new products are always coming up.

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Wrong Way Driving Accident

Car accidents are a relatively frequent occurrence. Most commonly, distraction, lack of skill or even drowsiness are the main culprits in an accident out on the open road. More serious incidents often involve the physical impairment of a driver by way of alcohol or illegal substances. Either way, a lawyer is often required to set the record straight. Though common reasons for which accidents take place, there’s yet another factor which almost always determines the severity of an accident: physics. While most of us aren’t equipped with the mental capacity to understand the various scientific technicalities behind an auto accident, one things is easily understood—wrong-way, forward-facing car crashes are by far the most deadly.

Even more troubling, all across the country—from Salt Lake City, Utah to the farthest reaches of America’s East Coast—the rate at which wrong-way collisions are taking place is steadily on the rise. In fact, recent data collected by state troopers in North Carolina shows that wrong-way collisions are up a staggering 67 percent from last year. While outside of Salt Lake City, Utah, the trend is one that could very well spread across the country. Currently, there’s no organized push to collect data on wrong-way collisions in the Beehive State, but should more accidents of this type persist, there very well could be. In the meantime, be vigilant and look for signs of reckless driving should something need to be reported to a law enforcement official or experienced personal injury lawyer.

Some Tips for Bikers

America is getting greener by the minute. With so many in favor of renewable energy and other ways to clean up the planet, more people have begun riding bicycles to commute. While this may help pollution, it can also lead to serious accidents if proper safety precautions aren’t taken. An auto accident lawyer often deals with bicycle crashes in places like Salt Lake City and other urban areas. Road safety for cyclists can get tricky, but here are a few tips to keep in mind. Use headlights and rear lights. As stated on BicycleSafe.com, “Even for daytime riding, a bright white light that has a flashing mode can make you more visible.”

Don’t ride on the sidewalk. I’m serious. The Sidewalk is dangerous. Staying off the road might seem safer, but crossing the street between sidewalks is extremely dangerous. Aside from endangering pedestrians, you’re more likely to get hit by turning cars. Also, make sure you ride with traffic. It might seem safer to face traffic in big cities like Salt Lake City, so that you know exactly when a car is coming, but it’s actually three times as dangerous.

An auto accident is much more likely to occur because cars won’t be expecting you coming from the opposite direction. And from the perspective of a lawyer, riding the wrong way is also against the law, so you would be more liable in an accident. Whether you’re behind the wheel or riding two, keep these tips in mind for a safer road for everyone.

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Offer in a Contract

To form a contract, there must be an offer by one party, an acceptance by another party, and an exchange of consideration (something of value). The person who proposes the terms of an agreement makes an offer, and is called an “offeror” in contract law. The person to whom the offer is made is known as the “offeree.” While an offer can be as simple as a one-sentence verbal statement, both parties generally benefit from a more detailed (and written) assessment of the offer and terms.

The purpose of a contract could be the sale of goods, a pledge to refrain from a particular activity, provide services, or a promise to perform a task. But in the most basic sense, a contract is an agreement to perform (or refrain from performing) a given task.

If you were going to paint a building, you’d need some specific information in the contract. You need to have terms to the contract as well. Who, what, when, where and how. You need to look at the terms. Both parties likely would want to know more details about the deal, such as the kind of paint used, the amount need, whether the paint will be purchased in advance, how long the job will take, how many coats are needed, what the price of the job is, and so on.

The terms of a proposed agreement must include enough detail for a person to accept and perform the task or obligation. Generally, and in particular with respect to consumer and commercial transactions, this means that certain material terms must be present in the offer. Material terms typically include the price and the subject of the contract, such as goods or services rendered. Depending on the subject of the contract, the quantity of goods and timeframe for delivery may also be considered material terms. Terms may also include whether a person can accept through promise or performance.

The consideration is the value bargained for by the parties. We call this consideration. Consideration can be anything of value, but it must have some value. Last, but not least, a person must have legal authority to either make or accept a binding offer. This authority is called “capacity.” Generally, a person is presumed to have capacity to make a contract if she is at least 18 years old (so they are of legal age), and of sound mind. They’ve got to know what they are doing or they could claim it was a mistake and try to get out of the contract.

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Personal Income Tax Law

I’m sure you’ve heard that taxes are one of the only certainties in life. Following is an introduction to individual income tax — including how taxable income is determined and the legal obligation of most citizens to pay income taxes to both the federal and state government.

The federal income tax is the largest source of funds used to finance federal government expenditures. Besides raising revenue, the individual income tax serves a social function by allocating resources, subsidizing some persons or activities, encouraging certain kinds of economic and social behavior, redistributing wealth, stimulating economic growth, and addressing specific social problems such as pollution and urban decay. Although the federal income tax applies to most revenue producing entities including all U.S. citizens and residents, corporations, trusts, and estates, this section is focused on individual income taxation. The tax is a progressive tax — with the percentage of tax increasing as the net taxable income of a taxpayer increases.

Gross Income for Taxes

Individuals are required to file federal returns if their gross income exceeds a stated threshold. The threshold varies based on the age of the individual, marital status, and residency status. Gross income is defined as all income from whatever source derived. Most income is taxable unless specifically excluded from gross income by the Tax Code — including compensation, interest, dividends, gains on the sale of assets, net rental income, net business income, income from partnerships, trusts or estates, forgiveness of indebtedness, gambling winnings, court awards or damages, alimony, and miscellaneous payments for services of any kind.

What is Adjusted Gross Income?

Once gross or total income is calculated, certain adjustments are applied to determine adjusted gross income. Common adjustments include eligible retirement account contributions, student loan interest, medical saving account contributions, qualified moving expenses, self-employment tax, early withdrawal penalties, and alimony paid. Adjustment amounts are deducted from total income to determine adjusted gross income.

Some Deductions and Exemptions

Adjusted gross income is further reduced by either the standard deduction or itemized deductions and by personal exemption amounts. The standard deduction amount varies depending on the taxpayer’s filing status. Itemized deductions are deducted from adjusted gross income to determine the net income subject to tax. The most common itemized deductions are state and local income taxes, real property taxes, personal property taxes, home mortgage interest, investment interest, and charitable contributions. Certain itemized deductions such as medical expenses, casualty losses, employee business expenses, and miscellaneous deductions are deductible only to the extent that they exceed a certain percentage of adjusted gross income. Taxpayers are also able to claim a personal exemption amount for the taxpayer plus a like amount for a spouse and each dependent child if applicable. Taxpayers can claim other relatives as dependents in certain limited circumstances. Itemized deductions and personal exemption amounts are phased out for higher income taxpayers. The personal exemption amount plus itemized deductions are netted against adjusted gross income to derive the taxable income amount. Tax tables or tax rate schedules are applied to the taxable income amount to calculate the amount of tax due. Once the tax is computed, certain credits may apply that will reduce the amount of tax due dollar for dollar. Typical credits include childcare credits, dependent care credits, foreign tax credits, credit for the elderly, education credits, earned income credits, and adoption credits.

More than Income is Taxed

There are additional taxes that may apply to your individual income tax bill, such as self-employment taxes, household employment taxes, tax on early distributions from retirement plans, and the alternative minimum tax. The most prevalent of these is the alternative minimum tax. The alternative minimum tax applies when a taxpayer’s alternative tax exceeds the regular tax. Taxpayers are required to recomputed their tax based on an alternative system which requires the taxpayer to add back itemized deductions and certain favorable tax preference items to make sure the taxpayer is paying a minimal amount of tax. The alternative minimum tax is similar to a flat tax to the extent it is a tax on total income with limited adjustments.

Special favorable rules apply to capital gains. Long-term capital gains depend on the taxpayer’s tax bracket. In order to qualify, the asset sold must be a capital asset held for more than a year. A capital asset is defined to include everything owned for personal or investment purposes, including such items as stocks and bonds, a house, household goods, a car, and other personal property. If a taxpayer has a loss on the sale of a capital asset, the taxpayer can net the loss against any capital gains. Individual income tax returns are due on April 15 in the year subsequent to the tax year. Although taxpayers can file for an extension to file their return until as late as October 15, the taxes are due by April 15. The Internal Revenue Service can impose penalties and interest for failure to pay the taxes due by April 15 or failure to file by the due date (April 15 or the extended date.)

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When To Sell Your Business

Most business owners have put considerable time and energy into their business, and the decision to sell the business can be particularly difficult. Unlike most business decisions you’ll ever make, you only get one shot at this to get it right, so it pays to know what to expect and plan carefully before you sell your business.

Ideally, you want to sell your business when the economy is doing well, you’ve had a profitable year, and the future forecast for your business is positive. Realistically, deciding when to sell a business will often turn more on personal considerations and economic realities than on ideal market conditions.

Sit down and decide what matters the most to you, and how much will be “enough” to let you walk away from the business. If you can achieve what matters the most to you, and can expect to receive enough compensation to make it worth your while, then it may be the right time to sell. Finally, selling a business can be a long and arduous process, so start planning well in advance. Selling a business can take up to a year to complete, and sometimes more, so don’t expect to flip your business like you might a house.

Many business owners make the mistake of setting the selling price too high because they’re valuing the business based on their hard work, rather than its real-world value. Accordingly, it can be helpful to have an outsider, a business appraiser, do the work for you. Many business owners are reluctant to spend any money on getting an appraisal, but like many business decisions, some investment up front can return big dividends down the road. Business appraisers will generally be accountants – CPAs, and can give you specific values for your assets, but they can also help you out with valuing the intangible assets, things such as “good will” or “going-concern”. A key benchmark to consider is that you should be able to sell your business for more than the worth of its simple assets. Finally, having a business appraisal looks considerably more professional.

Finding a buyer for your business can be extremely difficult, because the “market” for selling businesses is fractured and inconsistent. This is especially true for small business owners, and is one reason that selling a business can take up to a year or longer. Places to look for potential buyers include larger regional or national businesses that may be interested. An often overlooked pool of potential buyers includes your community of local business peers. Even if a different local business owner doesn’t want to buy your business, chances are good he may know someone who does. The other option is to hire a business broker or a mergers and acquisitions professional. Like a realtor, these professionals should have a good understanding of your potential buyers and the local market, which can be extremely helpful.

The most common way to finance the sale of your business is through seller-financing. This form of financing is actually the most common form of financing in small and mid-sized sales, so expect the buyer to look to you for financing. If you are unwilling to finance at least part of the sale, then you may find it extremely difficult to sell a business. While seller-financing is extremely common, it pays to be very careful when structuring the financing. The new business owner could burn through all of your hard work very quickly and stop making payments long before the loan is paid off. Accordingly, you should consider requiring the buyer to offer more collateral than simply the business itself to secure the loan.

Your sales agreement is the most important document in the sale of your business, so make sure to have an attorney review it. Make sure the agreement contains all of the essential information such as what exactly is being sold, the total amount, the terms, who the closing agent is, the license transfers, etc. You really should have a business lawyer assist you with this to make sure nothing bad happens. If you don’t do it right, it can come back and bite you!

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Provisional Patent Law

Beginning on June 8, 1995, inventors received the benefit of protecting an invention without undergoing the substantial cost of filing a full patent application. A provisional patent application, or PPA, gives an inventor up to one year of protection. Inventors that want to search for a manufacturer or that want to test the commercial market will often use a PPA as inexpensive and easy way to protect an invention from theft. A PPA provides the following additional benefits: (a) Allows the use of a “Patent Pending” notice in connection with the invention; (b) Allows an inventor to securely promote a commercial invention; (c) Keeps the patent application confidential without publication; (d) Allows the applicant to submit additional inventor names when an unintentional omission occurs; (e) Allows the inventor to file more than one provisional application and allows consolidation into one non-provisional application.

If the inventor files a non-provisional application within one year of the PPA, it must make specific reference to the corresponding PPA. The following advantages apply when the inventor files a corresponding non-provisional application by the 12-month deadline. If the inventor fails to file a corresponding non-provisional application within 12 months of filing the PPA, the inventor cannot claim these benefits.

Filing a Provisional Patent Application

Filing a PPA is less complex than filing a non-provisional application. An inventor has one year from the time of the first sale, offer for sale, public use, or publication of the invention to file a provisional application. To obtain a valid filing date, contact our office directly for assistance.

An applicant can use a technical paper written for a journal as the description if it meets the requirements. Unlike a non-provisional application, the PPA does not need to include an abstract or summary, a claim or claims, a Patent Application Declaration, or an Information Disclosure Statement. The PPA, however, should include the names of each inventor that contributed to the invention.

Instead of filing a corresponding non-provisional application, the inventor can convert the PPA into a non-provisional application. The applicant must file a petition for a conversion within 12 months of the filing date of the PPA. This method, though, will decrease the patent term by 12 months. The USPTO will determine the term of the patent by using the filing date of the provisional application instead of the filing date of the non-provisional application.

Attorney for Provisional Patents

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Real Estate Liability

A home can be a place of refuge from the daily stresses of life, but keeping a safe and nurturing home takes a fair degree of work. Homeowners have a responsibility to keep the physical structure of their home sound by monitoring heating systems and carbon monoxide levels. Homes with pools and spas must also take additional precautions to avoid harmful chemical imbalances or drowning deaths, and often are required by law to have a fence and/or protective pool cover. When guests (sometimes uninvited guests) injure themselves on your property, such as slipping and falling on an icy walkway, they can sue for monetary damages.

You Have a Duty to Prevent Injury on Your Property

Those who own property, including homes and retail stores, have a certain degree of responsibility (or “duty”) to ensure that no one suffers injuries due to their negligence. This legal responsibility (or “liability”) varies from state to state and among different scenarios. For instance, homeowners have a duty to maintain a safe walkway in front of their home. If a delivery person slips and falls on your icy front porch and gets hurt, that individual may have a valid slip-and-fall injury claim against you.

The law is based on what may generally be considered “reasonable.” Conducting regular inspections and responding to complaints about particular hazards, for example, are considered reasonable measures. But if someone in a grocery store slips and falls on a banana peel that was dropped just seconds earlier may not have a claim, since it’s unreasonable to expect the business owner to inspect every inch of the floor throughout the day.

Different Types of Visitors on Your Real Estate

The level of duty owed to another person who enters your property varies by circumstance and among different categories of people. For instance, homeowners owe more of a duty to those implicitly invited than to trespassers. There are Invitees – An invitee is someone invited onto a property for business reasons, such as a customer entering a store, and are owed the highest duty to reasonably look for and correct otherwise unknown hazards in those areas to which an invitee may have access; then there are Licensees – A licensee is someone invited onto a property for social reasons, such as guests of a party or informal gathering of friends; property owners must take reasonable steps to protect licensees from known hazards.

The last is a Trespassers. A trespasser is not authorized to enter the property; but landowners still are liable for injuries to trespassers under certain circumstances, such as injurious conditions created or maintained by the property owner; and finally, Trespassing Children – Unlike adult trespassers, child trespassers are owed a much greater degree duty to ensure the area is free of hazards because they are sometimes naive to certain dangers

Beware of Attractive Nuisances on Your Property

People aren’t supposed to come onto your property without authorization; but when something hazardous is likely to attract children, such as a swimming pool, you must take extra steps to secure the area. Such hazards are referred to as “attractive nuisances” in legal terms. The attractive nuisance doctrine involves (a) Children are not expected by law to fully understand the dangers in their vicinity; (b) Property owners who have a reason to believe children may want to enter their property must take extra precautions to prevent harm; and (c) When property owners fail to take these extra precautions, resulting in a child’s injuries, then they typically are held liable for these injuries.

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Employer Discrimination Law

Have you been accused of discrimination? You know, discrimination by an employer is a heavily regulated subject, and when hiring an employee there are a host of rules and regulations that an employer can run afoul of at both the federal and state level. Many of these laws apply to businesses with more than fifteen people, but some (such as the Equal Pay Act) apply to virtually all businesses and generally apply to private as well as government employers. Here’s an overview of the regulatory framework regarding discrimination by an employer. You should always speak with an employer lawyer about these types of matters.

Federal Laws Prohibiting Employer Discrimination

Although this list is not a complete list, these are some of the most litigated areas of employment discrimination law –

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin

The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination

The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older

Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, as well as in state and local governments

The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with enforcing these laws.

Types of Employment Practices Covered by Employer Discrimination Laws

Laws prohibiting discrimination by an employer cover all aspects of job-related decision making. It is generally illegal for an employer to discriminate while making any of the following job-related decisions:

Hiring and firing

Compensation, assignment, testing or classification of employees

Transferring, promoting or laying-off

Job advertising and recruitment

Use of company facilities

Training and apprenticeship programs

Pay, retirement plans, fringe benefits and disability leave

Expressly Prohibited Forms of Discrimination

Some areas of discrimination are so well established that they have specific rules and case law associated with them. The most common expressly-prohibited forms of discrimination in employment include:

Harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age

Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices

Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual’s genetic information

Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability

Denying employment opportunities to a person because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group

Employers are required to post notices to all employees advising them of their rights under the laws the EEOC enforces and their right to be free from retaliation. Such notices must be accessible to persons with visual or other disabilities that affect reading.

State Laws Against Discrimination by an Employer

Many states and localities have anti-discrimination laws and agencies responsible for enforcing discrimination by an employer laws. These agencies are often referred to as “Fair Employment Practices Agencies (FEPAs)”, and they work alongside the EEOC to protect employee rights under both federal and state law. Always check the laws of the state you live in to see what additional protections employees are afforded and what additional requirements employers must meet. For instance, many states and municipalities have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation.

Employer Discrimination Lawyer Free Consultation

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What To Do If You’re Behind on Taxes

The first step is determining whether or not you have filed tax returns. So, has the paperwork been filed? If not, you’ve got to get that done first. Then you’ve got to determine if you have any back taxes. Back taxes are comprised of taxes owed during a particular tax year that aren’t paid during that year. In other words, if a taxpayer can’t pay all of their taxes for a year, they are said to owe back taxes. The idea of back taxes may be pretty simple, but dealing with back taxes can be complex and difficult.

The IRS Can Go Back 10 Years

In general, the IRS has 10 years to collect back taxes. After that time, the statute of limitations prevents any further collection action. The time limit starts to run from the time the tax was originally assessed. For example, taxes from the year 2011 were probably assessed sometime around April 15, 2012 (depending on when the taxpayer filed the return). Thus, a person who owes back taxes from 2011 is subject to collection actions by the IRS until roughly April 15, 2022.

During that 10-year period, the IRS has many tools at its disposal to collect back taxes. For instance, the IRS can garnish a taxpayer’s wages to recover the unpaid taxes. The IRS will also impose monthly penalties for failing to pay the taxes as an incentive to pay the back taxes sooner rather than later.

While the IRS can be unrelenting in its hunt for back taxes, the agency recently expanded its relief program for taxpayers who owe it money. Dubbed “Fresh Start,” the program allowed for penalty relief if a taxpayer was unemployed for at least 30 consecutive days in 2011 or 2012, or if the taxpayer was self-employed during the same period and experienced a 25% drop in business income.

In addition, the IRS also made it easier to use an installment agreement to lessen the burden of back taxes. An installment agreement allows a taxpayer to pay their back taxes in small, manageable chunks, thus spreading the financial impact of repayment over a longer period of time. Fresh Start also enlarged and enhanced the IRS’ Offer in Compromise (OIC) program. An Offer in Compromise is an agreement between a taxpayer and the IRS to settle the taxpayer’s debt for less than what is actually owed to the IRS. The Fresh Start program gave the IRS more flexibility in performing the financial assessments necessary to determine whether a taxpayer should receive on OIC or not.

All of these options can help taxpayers who owe back taxes get out of debt with the IRS. The best strategy, however, is to face the problem of a large tax bill proactively before back taxes even become an issue.

Setting Up a Payment Plan with the IRS

If you can’t pay your tax bill on time, it’s possible to apply for what is known as an “installment agreement” with the IRS. If the IRS grants the application, the agency will establish a payment plan so you can make monthly installment payments to pay off your back taxes.

Before you apply for an installment agreement, however, you should consider finding an alternative source of funds to pay off your tax bill. This will help you avoid the penalties and interest that the IRS will charge for back taxes. You should also remember that some taxes can be discharged in a bankruptcy case. Depending on the terms you can get from a financial institution, or the interest rate on your credit cards, it might save you money in the long run to pay your tax bill by credit card or take out a loan to cover your debt to the IRS.

If using an installment agreement to set up a payment plan still makes the most sense for your situation, there are a few things you should know before you submit your application you must have filed all of the required tax returns. If you didn’t file a return for a tax year when you should have, the IRS will not set up a payment plan for you. You should also examine your financial situation to determine the largest monthly payment you can make. The minimum payment each month is $25, but you should try to pay off your back taxes as quickly as possible. Finally, be aware that the IRS will apply any future tax refunds you receive to your outstanding tax bill.

You can file an application online if your individual taxes, penalties and interest are $50,000 or less. You can also call the phone number listed on your tax bill to start the application process. Finally, you can submit a paper application using Form 9465-FS, Installment Agreement Request. If your tax bill is over $50,000, you’ll also have to fill out and submit Form 433-F, Collection Information Statement.

Free Consultation with a Tax Lawyer

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Small Business Requirements for the Federal Government

One of the very first decisions of a business will be to decide what kind of business structure it will adhere to. The type of structure will determine how much regulatory paperwork the business will have to file as well as the taxes it will pay. The different structures for small businesses include – Sole proprietor (taxes paid through personal income tax return of owner); – Partnership (taxes paid through personal income tax return of owners); Corporation (taxes paid by corporation); S corporation (taxes paid through personal income tax returns, but owners must be paid “reasonable compensation”); Limited Liability Company (LLC) (hybrid legal structure, taxes paid like a partnership, but receive personal liability shield); Non-profit (may be tax exempt).

The tax and regulatory implications of the various business structures increase the more the business heads toward being classified a corporation. Corporate taxes are more complicated than paying taxes on business profits and professional assistance from a tax attorney or accountant should be obtained. The specific tax forms required by the IRS for each of the above business structures can be found on the IRS website or the U.S. Small Business Administration site.

Employer Identification Numbers (EINs) are typically required of all businesses (although most sole proprietors with no intent to hire employees are exempt – – check the IRS website to confirm whether your business needs to apply). An EIN is used by the IRS to identify a business entity for purposes of tracking the business and determining what taxes it and the parties related to the business (employees, suppliers, etc) owe the government. Businesses can now apply for EINs online, with the EIN being issued immediately during the application session.

In addition to the requirement of obtaining an EIN, businesses in certain industries are required to apply for licenses and permits to do business. While a majority of businesses don’t have to register with the federal government (but do with state agencies), if your business falls into the following categories, you should consult with the governing federal agency to determine whether you need a license or permit (see “Federal Business Licenses” for more information).

Agriculture – the U.S. Department of Agriculture issues permits for business involved in the importation and interstate transportation of animals, animal products, biologics, biotechnology and plants. Alcoholic beverages – manufacturers, wholesalers, importers and retailers of alcohol beverages must register, pay special taxes and maintain certain records with the Alcohol and Tobacco Tax and Trade Bureau(ATTB).

Aviation – the Federal Aviation Administration (FAA) issues licenses for pilots, aircraft, airports, and medical aviation services. Environmental – the Environmental Protection Agency (EPA) imposes environment regulations at the federal level. If your business buys or sells land that is contaminated, you’ll need to go through the EPA to get rid of the contaminants.

Firearms, ammunition and explosives – manufacturers, dealers and importers of firearms and ammunitions are controlled by the Bureau of Alcohol, Tobacco and Firearms (ATF). Fish and wildlife – businesses engaged in any wildlife activity, including the importation of any wildlife or their derivative products, must receive a permit from the U.S. Fish and Wildlife Service.

Investment Advising – the Securities and Exchange Commission (SEC) requires those who professionally counsel on investments to be licensed. Mining and drilling – Minerals Management Service (MMS), a bureau in the U.S. Department of the Interior, is the federal agency that manages the nation’s natural gas, oil and other mineral resources.

Radio and television broadcasting – If your business broadcasts information by radio, television, wire, satellite and cable, you are required to obtain a license from the Federal Communications Commission (FCC). The FCC doesn’t regulate the internet. Interstate ground transportation – you must register if your business will cross state lines. Maritime transportation – the Federal Maritime Commission issues licenses for businesses that transport freight or passengers on the ocean.

Naming Your Business and Protecting Your Property Once you’ve decided on your business structure and determined whether the business falls under the purview of a federal agency, you’ll need to choose a business name and see whether it violates another business’ federally protected trademark. You can do a simple search with the U.S. Patent and Trademark Office (USPTO), as well as a search for similar businesses using internet search engines.

You may have already picked a business name, but because of the potential waste of time and money related to marketing a name that you ultimately can’t use, you should take at least a few precautionary steps before plunging in. Additionally, once your business gets rolling, you should take steps to protect your business’ trademark. You can register your business name with the USPTO even before you start using the name in business (it’s called an Intent to Use application).

Additionally, if your business has any intellectual property, you’ll want to protect it by registering it with the USPTO, whether they’re patents, copyrights or trademarks. And after you’ve registered your property, you need to vigilantly protect it on your own (the USPTO isn’t an enforcement agency).

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Mold Lawsuit

Mold can present a danger to many homeowners. The toxins from many common forms of mold can cause asthma, allergic reactions, and other unpleasant symptoms. To make matters worse, mold can be difficult and expensive to remove. Included in this section are tips on how to assert your rights if you have suffered property damage or health problems caused by toxic mold and how to prevent mold from entering your house in the first place.

Mold Basics

Mold is everywhere, and most types of mold are harmless even if they smell bad or look disgusting. But toxic mold — as its name implies — is a big problem in some parts of the country, particularly when builders have not property accounted for the likelihood of mold development. The types of mold considered toxic are those that produce mycotoxins, which can cause a whole slew of health problems if not removed promptly. Removal itself can be very difficult, since it tends to spread rapidly and often requires the removal of carpet, floorboards, drywall, and other materials.

Toxic mold, as with all kinds of mold, enter the home as spores in the air and then thrive in areas that are damp and dark. In fact, many newer homes are airtight in order to improve energy efficiency; but this inhibits the ability of the building to dry out. If water leaks from a faulty pipe, for example, it will slowly soak into the surrounding materials without evaporating. Any mold spores in the vicinity will quickly take hold and multiply.

Although mold typically takes hold in the dark, often-unseen parts of your home, there are some warning signs that you may have a mold problem. Remember, the earlier it is detected, the easier it will be to clean up and the less likely you will be to suffer any health problems. The warning signs of possible mold infestation like a visible mold growth or water stains or discoloration on walls; a “musty” odor; or standing water or condensation on walls, floors, or windows

Health Problems From Mold

Certain kinds of mold give off “volatile organic compounds” (or VOCs) through their natural processes, which evaporate at room temperature and give off that telltale musty odor. The VOCs of some types of mold are toxic to humans and do not evaporate as easily. Since it’s difficult to determine at the outset whether a mold is toxic, it’s always a safe bet to investigate it and then remove it. Some of the illnesses caused by mold exposure include (a) allergies; (b) headaches; (c) breathing problems; (d) fevers; (e) sore throat; (f) rashes; (g) and/or burning sensation in your eyes.

The individuals most at risk of illnesses caused by mold exposure are those with allergies, a weakened immune system, or lung disease; the elderly; and young children.

Mold Lawyer Free Consultation

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Estate Plan Law

Under current federal law, a person may pass everything he or she owns to a surviving spouse without paying any federal estate, gift, or generation-skipping taxes. In addition, a person may pass up to a certain amount ($11.4 million per person in 2019) to anyone other than his or her surviving spouse without paying any federal transfer taxes.

Individuals whose estate is below the federal threshold may think that because they won’t owe any federal tax, then they don’t need an estate plan. However, even if you have a small estate, the following estate planning tools may be beneficial to you.

You Need a Last Will

If you die intestate (without a will), state law will determine who receives your assets, and how much each person receives. Even if you do not have significant assets, state law can cause results that you probably would not have intended. For example, under the North Carolina Intestate Succession Act, if you have a wife and a child and die intestate, not everything will pass to your surviving spouse. Depending on how the assets are titled between you and your wife, your child will also be entitled to a share of your real estate and personal property, a result which is probably contrary to what you would have desired. If the child surviving you is a minor (under the age of 18 in North Carolina), the result can be even more complicated because a guardian will have to be appointed by the court to manage the assets received by the child.

You May Need a Guardian

Most couples with young children are extremely concerned about what will happen to their minor children in the event both parents die. A will is one of the best ways for protecting your children because it allows you to appoint during life who you want to take care of your children upon your death. There are two kinds of guardians that can be appointed: guardian of the person, and guardian of the estate. The guardian of your child would be responsible for deciding where your child would live, where the child would go to school, the child’s religious upbringing, and other personal matters. The guardian of your child’s estate would be responsible for managing any assets that have been passed on to the child.

You Might Need a Living Trust

An effective way to provide for your children is to create a trust that can hold any assets passing to your children until they reach a certain age. Your will could direct your Executor to distribute any assets passing to a child under the age of 25 (or any age you choose) to a Trustee to be held pursuant to the terms of the trust. A trust is an extremely flexible and effective way of providing for a child’s most important needs like education and health care.

You may wonder whether a trust is necessary if you do not have significant assets to put into the trust. But do not forget what may be your most sizeable asset — your life insurance policy. You should carefully review the beneficiary designations on all your life insurance policies. You should consider designating the trust created in your will for your children as either the primary or secondary beneficiary of your life insurance policies. Upon your death, your Trustee could have sufficient assets to invest for your children’s future needs.

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Taxes and Carried Interest

Carried interest has received a lot of attention in the press recently, and a great deal of controversy has long surrounded the issue. Even after all of the explanations in the media, however, few people really understand what carried interest actually is, how it works, and why it matters. Simply put, carried interest is a method of compensating private equity and hedge fund managers for their work in providing a return on investment for the funds’ contributors. The controversy over carried interest arises because of the fact that tax rules allow those managers to pay taxes on carried interest at the capital gains tax rate rather than the higher tax rate that normally applies to ordinary income.

How Does Carried Interest Work?

Carried interest works like this: say Alan sets up a venture capital fund as a limited liability partnership. He establishes himself as the general partner, which means that he holds the responsibility for managing the fund’s daily operations and bears the liability should something go wrong and lawsuits arise. Alan then finds several other people who want to invest money in the fund as limited partners. This means that they contribute money to the fund, but allow Alan to make the decisions about how to invest the money. They also do not have any liability should things go wrong.

In the simplest form of the situation outlined above, the partners in the fund would receive a share of the fund’s profits that is relative to the amount of money that they put in. In other words, if a partner contributes ten percent of the fund, they would receive ten percent of the profits. Alan would receive his share, plus compensation that would be taxed as ordinary income for his work in managing the fund.

In a scenario involving carried interest, however, Alan would not receive a regular salary for his management work. Instead, he would get a portion of the profits greater than the portion of the fund that he contributed. For demonstration purposes, let’s say that Alan contributed 10% of the fund, but will receive 25% of the profits. This extra share, even though it is in effect compensation for his daily work in managing the fund, is considered carried interest and taxed as a capital gain.

How Is Carried Interest Taxed?

Proponents of carried interest argue that taxing carried interest at the lower capital gains rate is reasonable because there are usually conditions attached to a grant of carried interest that make it a less reliable source of money than a regular salary. For instance, a manager’s carried interest often only becomes available well after the venture has completed, and sometimes only if the investors received a certain rate of return. Opponents counter that carried interest allows wealthy financiers to avoid paying taxes on money that was earned for providing a service rather than investing in a capital asset. The carried interest, they argue, should be taxed as ordinary income rather than a capital gain.

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Capital Gains

Most people are very familiar with the idea of ordinary income: it is the money that an individual receives in the form of wages, tips, dividends, or interest from an interest-bearing account, such as a savings account. Many people might not understand what is meant by “capital gains,” however. The difference between the two is more than just academic since capital gains are taxed at a much lower rate than ordinary income. Thus, a person who receives money in the form of capital gains will have to pay significantly fewer taxes on that money than someone who receives the same amount of money as ordinary income.

Capital Gains are Investment Profits

Simply put, capital gains are profits that an individual receives from an appreciation in the value of an investment. To state that another way, capital gains are the difference between the sale price of an investment and the original purchase price of that investment. The investment can be any kind of capital asset – usually stocks, bonds, or real estate.

The capital gain is only realized once the capital asset has been sold, so people with investments in capital assets do not have to pay taxes on assets that have gone up in value as long as they have not received any income from that asset (like a stock dividend, for example). As soon as the owner sells the asset, however, any capital gains become subject to taxation.

You need to keep track of your assets, what you paid for them and what you sold them for. If you don’t do this, you won’t be able to calculate your basis and the IRS could charge you tax for the entire amount of the sale of the asset, rather than just your gain.

Maximum Rate of Fifteen Percent

The current maximum tax rate for capital gains is 15 percent, while the maximum tax rate for ordinary income is 35 percent. There are two justifications that are usually given for this disparity: first, proponents of the lower capital gains rate argue that the lower rate will provide an incentive for people to invest, which will drive economic growth. Second, supporters of the low rate argue that the lower rate is necessary to reduce the effect of inflation on the investment.

To illustrate that last concept, consider that someone may hold onto a capital investment for a long period of time. During that time, inflation may decrease the real value of the investment, even though the price may rise. According to its proponents, a lower capital gains tax is necessary to offset the impact of inflation on capital assets.

Free Consultation with a Utah Tax Attorney

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Homeowners Association

A homeowners association (or HOA) is the governing body that makes and enforces many of the rules that pertain to “common interest developments” such as tract housing and condominiums. For example, a homeowners’ association may decide that no houses in a particular development may exceed a certain height. They may also pay for certain improvements to an entire development, such as hiring local security or landscaping workers. HOA’s are usually governed by a group of residents in the development. This section contains practical and legal information on homeowners associations.

The reason why certain communities adopt rules for residents and enforce them through an HOA is to maintain a general uniformity among close-knit properties, typically condominiums grouped together in the same structure. These rules are meant to keep the neighborhood attractive and well-maintained, but also to help maintain property values. For example, an HOA may dictate what colors your house may be, whether you may have political signs in your yard, how long your grass may get before you need to mow it, and so on.

In addition to enforcing rules, HOAs also manage a fund to pay for communal resources, such as a neighborhood park or swimming pool, paved roads, and maintenance of shared structures (such as the exterior walls of a condominium). Homeowners typically pay monthly dues that keep this fund replenished, some of which is put into a reserve account for emergencies and large-scale projects.

The HOA itself usually is handled by an outside property management group, but the governing board is made up of homeowners in the neighborhood. Newly proposed rules, changes, and expenditures typically must clear a vote by HOA board members.

HOA Disputes

Disputes between the HOA and homeowners are actually quite common, mostly related to monthly dues. Since HOAs are required to keep a certain amount of money tucked away in reserves, in case an expensive need should arise, they may raise the monthly dues if the funds go below that level; and rate hikes are never popular. Some homeowners may feel as if the HOA’s rules are too invasive and balk at fines for things like cars in the driveway or loud music.

But just as often, disputes involving HOAs stem from misunderstandings or failure to know the rules. It’s best to work out these disputes by talking them out reasonably, rather than filing lawsuits or creating additional problems out of frustration or protest.

What HOAs Regulate

HOAs are all a little different and are meant to reflect the values and desires of the community as a whole, or at least those of the original planners. This means you really need to learn about these rules before you buy. If you enjoy growing your own vegetables, for example, be aware that many HOAs prohibit outside vegetable gardens; but there also are communities with HOAs that welcome such hobbies and lifestyles. HOAs often have rules about (a) Noise (b) Pets; (c) Landscaping; (d) whether or not you can run a business from your home; (e) whether or not you can put a swing set in your yard; and (f) what color your paint has to be, etc.

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Utah Intellectual Property Lawyer

Every day, lawyers call us and say they desire to do intellectual property law. We are constantly interested in talking with others with experience in copyright law because it is one of most interesting areas of law in the county – if you ask us –

We serve many different companies in various markets. Copyright Regulation is a very general term. There are several kinds of intellectual residential or commercial property law, and numerous areas of copyright regulation are not warm in all. To define exactly what intellectual property regulation implies and just what’s hot and what’s not is extremely important to our discussion. When intellectual property is one of your key possessions, you require attorneys who comprehend the best ways to blend legal and company techniques in your best passions. You also need attorneys with a strong command of litigation when your IP properties are being tested.

As one of the law offices in the Intermountain West, we bring a depth of understanding to your one-of-a-kind business scenario – whether locally or globally. We regularly handle issues entailing electrical and computer-related technology, medical tools, pharmaceutical products, biotechnology, bioengineering and a wide range of mechanical and chemical systems and apparatus.

Our lawyers have backgrounds in computers, math, sciense, physics, chemistry, biology, and engineering and have Utah licenses and have done IP law or have considerable litigation experience. Our copyright team is made up of licensed lawyers, former in-house counsel, previous trial counsel for significant companies and globally qualified businesses.

We provide a full spectrum of intellectual services, consisting of licenses, trademarks, copyrights, profession guideline, profession keys, domain, lawsuits and disagreement resolution. The team has remarkable experience handling intellectual property profiles for large residential and global customers, specifically those with Eastern and European rate of interests. We represent Ton of money 500 and other public and exclusive customers in state, federal, international and worldwide forums throughout the world.

Just what is the advantage of all this to you? Audio yet cutting-edge IP techniques incorporated with genuine world usefulness.

The IP attorneys at Ascent Law have been highly involved as previous and existing leaders in companies. In fact, we have an MLM Lawyer who regularly works with direct sales companies to make sure their compensation plans and organizational plans are not considered Ponzi Schemes under the law and case law in the United States.

Our intellectual residential or commercial property team has significant experience with:

– Trademark Lawsuits – Trade Use Lawsuits – False Advertising Litigation – Unfair Competition Lawsuits – Lanham Act Lawsuits – Domain Litigation – Right of Promotion Lawsuits – Advertising Lawsuits – Trademark Cancellations – Trademark Oppositions – TTAB Procedures – UDRP Procedures

Trademark Law. This type of law is used to protect and safeguard words, expressions, logo designs, or signs used to distinguish one item from an additional. In situations where a competitor makes use of a safeguarded trademark, the owner of the trademark can go to court and acquire an injunction to stop them from using your registered marks.

IP Lawyer Free Consultation

When you need help with a trademark or other intellectual property matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

  Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

  Ascent Law LLC

  4.9 stars – based on 67 reviews

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