#statutory deadlines

[ariela-wagner-me]

Credit & Collections Best Practices in Florida

In this webinar, construction professionals based in Florida can learn in detail about offering credit, extending the credit, how to avoid potential problems when you extend credit, and some key tips on how to collect credit.

[allthebrazilianpolitics]

Government requirements could impact 50% of bookmakers in Brazil

The new rules for the operation of online betting in Brazil are imposing significant barriers for companies interested in entering this market.

With a tight deadline for registration, just over 20 companies are in the licensing process with the Ministry of Treasury, while another 40 must formalize their applications by August 20, 2024, the deadline established for those who wish to operate from January 2025.

The initial list of interested parties totaled 134 companies. However, high investment requirements, such as substantial minimum capital and the need for statutory directors, halved the number of participants.

According to Rodrigo Del Mônaco, a specialist at BTG Pactual, “it is not possible to enter just to test the market”, highlighting the seriousness and financial commitment required.

Continue reading.

[wordsandrobots]

Full disclosure: the actual reason I'm posting heartbreak on main today is because I've been filling out the UK Government's consultation on their execrable 'Gender Questioning Children: Non-statutory guidance for schools and colleges in England' and I need a safe avenue for venting my feelings.

This blog will not generally speaking cover live politics or suchlike, but if you're in the UK, please check out Stonewall's guidance on responding to this consultation and consider doing so before the deadline of 12 March (I think anyone can respond but I suspect non-UK responses will be discounted). It would be nice to see this example of the Tories' national-level transphobic bullying buried (especially as I do not currently trust the other lot to ditch it if they get in).

Fair warning, the 'guidance' itself is a very tough read for anyone who gives a damn about queer kids and will likely leave you extremely angry. I can at least recommend using that anger to tell the government where to shove it in as icily polite a manner as possible.

[scbhagat]

Tax Auditors in Delhi: Expert Services by SC Bhagat & Co.

Navigating the complexities of tax regulations is crucial for businesses and individuals alike, especially in a dynamic financial landscape like Delhi. Choosing a reliable tax auditor ensures your financial compliance, reduces audit risks, and enhances your financial credibility. SC Bhagat & Co., a leading tax auditing firm in Delhi, provides expert services designed to meet the unique needs of businesses and individuals, from tax compliance to advanced auditing solutions.

Why Tax Auditing Matters Tax auditing is essential for ensuring that financial records are accurate and compliant with current tax laws. Regular audits help businesses identify financial discrepancies, optimize their tax liabilities, and avoid costly penalties. For individuals, tax audits can validate their tax filings and enhance financial transparency. Whether you're a business owner or an individual taxpayer, tax audits play a vital role in:

Ensuring Compliance: By following regulatory requirements, tax audits help organizations and individuals avoid penalties. Detecting Errors and Fraud: An audit reveals inconsistencies in financial records, helping to prevent fraud or accidental errors. Improving Financial Accuracy: A professional audit provides a detailed review of financial data, ensuring accurate tax calculations. Building Credibility with Stakeholders: Regular audits reflect a commitment to transparency, boosting stakeholder confidence. SC Bhagat & Co.: Trusted Tax Auditors in Delhi SC Bhagat & Co. has earned its reputation as a trusted provider of tax auditing services in Delhi, thanks to its dedicated team of qualified professionals, extensive industry knowledge, and commitment to client success. Their expert tax auditors help clients stay compliant, reduce tax risks, and optimize their financial health through strategic auditing and consulting.

Key Services Offered by SC Bhagat & Co. SC Bhagat & Co. offers a range of tax auditing and related services designed to meet the unique needs of both individuals and businesses in Delhi:

Statutory Tax Audits SC Bhagat & Co. conducts thorough statutory tax audits to ensure clients meet legal requirements and minimize tax liabilities. Their expertise in Indian tax laws ensures every client is fully compliant with government regulations.

Internal Audits For businesses seeking to improve internal processes, SC Bhagat & Co. offers internal auditing services that identify areas of risk, improve financial accuracy, and enhance operational efficiency.

GST Audits GST compliance is critical for businesses in India, and SC Bhagat & Co. specializes in GST audits to ensure accurate filing and adherence to GST regulations. This minimizes the risk of penalties and provides peace of mind.

Income Tax Audits SC Bhagat & Co. offers comprehensive income tax audits for individuals and businesses, ensuring accurate filings and preventing potential issues with tax authorities.

Forensic Audits For clients requiring deeper analysis, SC Bhagat & Co. provides forensic audits to detect and address financial discrepancies, fraud, or irregularities within an organization.

Benefits of Working with SC Bhagat & Co. When you choose SC Bhagat & Co. as your tax auditor in Delhi, you gain access to a team that brings professionalism, in-depth knowledge, and dedication to every audit. Here are some reasons clients prefer SC Bhagat & Co.:

Industry Expertise: With years of experience in tax auditing and consulting, SC Bhagat & Co. provides services across various industries. Client-Centric Approach: The team at SC Bhagat & Co. takes time to understand each client's specific requirements, offering tailored solutions that best meet their needs. Timely and Efficient Services: Understanding the importance of meeting deadlines, SC Bhagat & Co. ensures timely audits and reporting. Confidentiality and Trust: They prioritize client confidentiality, ensuring all information is handled securely and professionally. Why Delhi Businesses and Individuals Choose SC Bhagat & Co. Delhi’s competitive business environment demands precision and reliability in tax matters. SC Bhagat & Co.’s commitment to excellence, coupled with their local expertise, makes them a preferred choice for tax audits in Delhi. Their clients range from small businesses to large corporations, as well as individuals seeking precise and trustworthy tax audit solutions.

Testimonials from Satisfied Clients Many of SC Bhagat & Co.'s clients have shared positive experiences, appreciating their professionalism and thorough approach. Here are a few testimonials:

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Contact SC Bhagat & Co. for Expert Tax Auditing in Delhi If you're in need of reliable and professional tax auditing services in Delhi, SC Bhagat & Co. is here to help. Their team is ready to assist you with all your tax auditing needs, ensuring you meet compliance requirements and optimize your financial standing.

[dontmeantobepoliticalbut]

Alabama Secretary of State Wes Allen has notified the state and national Democratic parties that the scheduled date of the Democratic National Convention is a few days after the deadline for the party to put its nominees for president and vice president on the ballot for the general election in November.

The Republican National Convention came after the same deadline in 2020, but the Legislature passed a bill to allow ballot access. President Joe Biden’s campaign released a statement Tuesday night in response to Allen’s letter, saying the deadline would not keep the president off the ballot.

“Joe Biden will be on the ballot in all 50 states,” the campaign said. “State officials have the ability to grant provisional ballot access certification prior to the conclusion of presidential nominating conventions. In 2020 alone, states like Alabama, Illinois, Montana, and Washington all allowed provisional certification for Democratic and Republican nominees.”

Allen, who is a Republican, said state law requires parties to provide a certification of nomination for president and vice president no later than Aug. 15.

“It has recently come to my attention that the Democratic National Convention is currently scheduled to convene on August 19, 2024, which is after the State of Alabama’s statutory deadline for political parties to provide a certificate of nomination for President and Vice President,” Allen wrote in a letter to Randy Kelley, Chair of the Alabama Democratic Party. “If this Office has not received a valid certificate of nomination from the Democratic Party following its convention by the statutory deadline, I will be unable to certify the names of the Democratic Party’s candidates for President and Vice President for ballot preparation for the 2024 general election.”

Allen’s office also sent a copy of the letter to Jaime R. Harrison, Chair of the Democratic National Committee.

The 82-day deadline has been in Alabama’s election law since 1975, according to the Allen’s office.

The Democrats are expected to nominate Biden and Vice President Kamala Harris for a rematch with the presumed Republican nominee, Donald Trump.

Four years ago, when Republicans held their convention Aug. 24-27, the Legislature passed a bill to make a one-time change in the deadlines and accommodate the GOP.

Alabama code section 17-14-31(b) says parties must certify their candidates “no later than the 82nd day preceding the day fixed for the election.” With this year’s election on Nov. 5, that makes Aug. 15 the 82nd preceding day, Allen said in the letter.

Allen said the secretary of state’s office has published the certification deadline on its website since June 2023.

Allen said, “If those certificates are not in my office on time, there will be no certification and no appearance on the Alabama general election ballot in accordance with sections 17-13-22 and 17-14-31(a) of the Code of Alabama. With this letter, we are providing ample notification to the leadership of the Democratic Party at the state and national level that the burden of providing those certifications by the statutorily set deadline is a requirement that they must meet.”

The Republican Party is scheduled to hold its national convention July 15-18, well ahead of the Alabama deadline.

Here is a link to the letter from Allen to the Democratic Party.

[plethoraworldatlas]

In a stunning and unprecedented decision, the Colorado Supreme Court on Tuesday removed former President Donald Trump from the state’s 2024 ballot, ruling that he isn’t an eligible presidential candidate because of the 14th Amendment’s “insurrectionist ban.”

The 4-3 ruling will be placed on hold until January 4, pending Trump’s appeal to the US Supreme Court, which could settle the matter for the nation.

The state Supreme Court decision only applies to Colorado, but the historic ruling will roil the 2024 presidential campaign. Colorado election officials have said the matter needs to be settled by January 5, which is the statutory deadline to set the list of candidates for the GOP primary scheduled for March 5.

[dreaminginthedeepsouth]

David Horsey

* * * * *

What Robert Hockett writes here comes pretty close to a consensus view among constitutional scholars I've read on the subject. An important read. 

"The deadline for a debt ceiling hike is only weeks away, with Treasury Secretary Janet Yellen saying the U.S. could run out of money to pay its debts by June 1. Some Republicans, whether serious or bluffing, seem ready to go to the brink of default — if not actually default on the U.S. national debt. Debate has intensified over whether President Biden might sidestep the debt ceiling so the nation can keep paying what it owes. There are powerful legal reasons and arguments for him to do so. 

These include the 14th Amendment, which prohibits questioning what we already owe, and the so-called later-in-time rule of statutory construction, which basically means that Congress’s most recent budget legislation trumps any earlier legislated ceiling.

Given the stakes, it’s important to explore the likely consequences if Mr. Biden ignores the debt ceiling — how doing so would affect our economy and the markets, our retirement savings and even our constitutional system. There is encouraging news for the president and those who follow our first Treasury secretary, Alexander Hamilton, in believing we must pay our legally incurred debts. We are far better off doing so, even if it means short-term chaos should Mr. Biden allow the June 1 deadline to come and go.

First, consider the consequences if the United States stopped paying its debts and defaulted on June 1. This would undo what Hamilton and his successors sought to ensure: a national credit rating beyond cavil or reproach. We would see a great tottering — if not worse — of U.S. banking, U.S. financial markets and the world’s capital markets. For one thing, U.S. Treasury securities, valued at over $24 trillion (by far, the largest asset market in the world), are the primary safe asset held in banking, pension fund, mutual fund and other business portfolios. Our present regional bank crisis involving Silicon Valley Bank and others is occurring in response to a relatively slight, temporary drop in the value of low-yield Treasuries largely because of the Fed’s interest rate hikes. An outright default would leave us nostalgic for the comparable placidity of this troubled moment.We would also probably see a rapid plunge in the value of the dollar worldwide as a global reserve asset. 

Our currency’s value in relation to others’ is rooted primarily in global demand for dollar-denominated financial assets, since we have relinquished our primacy as a goods exporter to China. Since Treasury securities are by far the most voluminous asset, their slide would be the dollar’s slide. This would quickly render imports, on which we continue to rely, far more expensive. Inflation could look more like that of Argentina or Russia 20 years ago than that of the present or even the 1970s.This is to say nothing of our subsequent incapacity to maintain our military bases and other assets abroad and to pay thousands of U.S. military personnel. Only China would be a world-bestriding global superpower, abetting the moves it is already making with Russia, Brazil and other nations to displace the dollar as what Valéry Giscard d’Estaing once called the United States’ global “exorbitant privilege.” 

Finally, even the serious prospect of U.S. default would quickly raise debt-servicing costs, rendering our deficit larger than it currently is — a consequence dramatically at odds with Republicans’ professed concerns about tying the debt ceiling hike to massive budget cuts."

It almost makes you think that fiscal responsibility isn’t what House Speaker Kevin McCarthy’s caucus really wants.

[New York Times :: This Is What Would Happen if Biden Ignores the Debt Ceiling and Calls McCarthy’s Bluff]

[thatswhatsushesaid]

shitpost dispatches from jinlintai - [3/?] wolfpuppy quotes edition

yes, zewu-jun, I see that you filed your paperwork prior to the statutory deadline in caiyi town. however, as you are seeking to let the bodies hit the floor in lanling city, I am afraid that a permit from caiyi town is not valid outside of that township's city limits. unfortunately, you will need to resubmit your application at the appropriate lanling city field office. or, that's what you would need to do if we weren’t sworn boyfr brothers. please be at ease, er-ge, of course this one will pull some strings for you. (✿◠‿◠)

[mariacallous]

Treasury Secretary Janet Yellen on Friday notified Congress that the U.S. will reach its statutory debt limit next Thursday.

After that, the Treasury Department will begin “taking certain extraordinary measures to prevent the United States from defaulting on its obligations,” Yellen wrote in a letter to House Speaker Kevin McCarthy, R-Calif.

While Treasury, “is not currently able” to estimate how long those emergency actions will allow the U.S. to pay for government obligations, “It is unlikely that cash and extraordinary measures will be exhausted before early June,” she wrote.

“I respectfully urge Congress to act promptly to protect the full faith and credit of the United States,” Yellen wrote.

Friday’s notification from Yellen effectively starts a clock counting down how long the federal government can continue to make interest payments on its debt.

The so-call called extraordinary measures available to the Treasury secretary can free up billions of dollars that have been technically committed to other purposes, but not spent yet.

This can extend the clock for weeks or months while Congress hashes out a bill to raise the borrowing limit.

 A senior White House official told CNBC that the White House plans to try to cut a deal with Congress to raise the federal debt ceiling after the mid-April deadline for income tax return filings. The official said the White House will not have enough details to negotiate a deal until it sees the level of income tax receipts.

But the debate over raising the debt ceiling is expected to be particularly fraught this year in light of the new Republican majority in the House of Representatives.

McCarthy has made little secret of the fact that Republicans intend to demand massive spending cuts to the federal budget in exchange for approving an increase in the debt ceiling.

[oceanic-panic-panic]

Required Summer Reading From The IRS: Transfer And Elective Payment Tax Rules

Portrait of a young brunette relaxing on the beach, reading a book

getty

Treasury and the IRS promised to release guidance on direct pay and transferability “before summer,” and with proposed regs (REG-101610-23) issued June 14, they met their deadline admirably. Announcing a precise time frame for when proposed rules will be released is less important than their substance, but it’s still a practice that the IRS and Treasury should continue.

It’s painful to hear government officials intone the refrain that “guidance should be coming soon.” Let’s have more dates to put on the calendar.

Clarification of the rules under sections 6417 and 6418 is what taxpayers wanted in the proposed regulations, and that’s what they deliver — for the most part. They are less generous than some commentators had hoped. The market for credit transfers will be less expansive than it might have been had the passive activity rules been swept away.

At least for now, the proposed regulations don’t allow an applicable entity to purchase a credit and then seek an elective payment for the credit, although the preamble indicates that the IRS and Treasury will entertain possible exceptions. The registration process still has large open questions, but the transferee gross income exclusion is a welcome clarification for potential buyers.

The proposed regulations add necessary details to the new regime and include policy decisions. The elective payment rules appear to be intended to enable the use of elective payment, said Adam Cohen of Holland & Hart. Cohen pointed out that instrumentalities and agencies of state and local governments, as well as U.S. territories, are included within the definition of applicable entities in the proposed section 6417 rules.

The exclusion of partnerships seems incongruous, but the complexity of applying sections 6417 and 6418 may explain it. “From a tax logic perspective, they found the right balance, particularly in the section 6418 regulations,” said Chaim Stern of Schulte Roth & Zabel LLP.

MORE FROMFORBES ADVISOR

Combining Transfers and Elective Payment?

The answer to whether an applicable entity could purchase credits under section 6418(a) and make an elective payment election is proposed to be no – but not a completely firm no. The preamble to the section 6417 rules says that its conclusion that “sections 6417 and 6418 are best interpreted to not allow an applicable entity under section 6417 to make an elective payment election for a transferred credit under section 6418” was informed by administrative and practical reasons given by commentators.

The preamble also connects its conclusion to the text of section 6417(a). Treasury and the IRS explained that they believe that transferred credits are not “determined with respect to” an applicable entity, as required by section 6417(a).

That is because the credit is not determined with respect to underlying applicable credit property owned by the applicable entity or electing taxpayer, or activities otherwise conducted by the entity or taxpayer under section 6417(a).

And the proposed section 6418 regulations say that transferees are not considered to have owned an interest in the underlying credit property or to have otherwise conducted any of the activities that give rise to the credit. That isn’t a statutory reason to disallow chaining, but doing so maintains consistency between the two sets of proposed regs.

The preamble invites comments on possible exceptions to the proposed bar on chaining, indicating a surprising flexibility that is tempered by the specificity that’s also requested. Suggested limitations to any exceptions include the type of applicable entity that may be allowed to make a direct payment election for credits transferred to it — government entities are offered as an example — and the transferee taxpayer’s involvement in the project’s development.

The other possible considerations are more difficult to distinguish from other types of transfers. They include the transferee’s due diligence, the fact that the transferee pays close to the face value of the credit, and the lack of other special financial arrangements between the parties. Transferees of all types should be expected to do due diligence, and they’ll likely all pay about 93% to 98% of the credit.

The outlined considerations suggest that Treasury and the IRS might provide exceptions if they are satisfied that they won’t be opening the transfer and elective payment regimes up for fraud or abuse. Commentators will almost certainly advocate for exceptions.

Registration

In order to claim the benefits provided by section 6417 or 6418, taxpayers must complete prefiling registration requirements in accordance with temp. reg. sections 1.6417-5T or 1.6418-4T. The online registration portal isn’t ready yet, but the preamble to the temporary regs says its opening deadline of fall 2023 is one justification for putting out temporary regs instead of proposed rules.

Transferees and elective payment claimants will need to reference their registration number when claiming their credits, which raises the question of how long it will take the IRS to review pre-registrations. The FAQs warn taxpayers to leave enough time to obtain a registration number, Cohen noted, but it isn’t clear what that means. It may depend on the depth of the IRS’s review, another open question.

Seth Feuerstein of Atheva, a marketplace for IRA credits, said it would be helpful if the IRS offered the timeline it expects to follow for assigning registration numbers to taxpayers. “It could create a problem if the IRS says they’re not able to review a pre-registration in time and the transferee can’t take the credit,” he noted.

It also isn’t clear whether the review will be substantive or focused on limited items intended to prevent fraud. Feuerstein said it should be the latter. “It’s not clear why a substantive review of a transferred credit would be more critical than a substantive position any taxpayer is taking,” he said.

Under the temporary regs, taxpayers will register eligible credit property and the registration number will apply to all the credits associated with that property. For production tax credits, that might lead to some tracking and accounting challenges.

Because the registration number will refer to the underlying property rather than the unit of production, if a taxpayer sells production tax credits from a single facility to multiple buyers, those amounts will all have to be added up and accounted for under a single registration number.

Stern said a better idea would be to register each unit of production as it is produced. “If a solar facility that is producing electricity has a single registration number for its production and sales to various buyers over the course of a number of years, it becomes very hard to track the total credit amount,” he said.

That increases the risk of double counting. A separate registration number for each unit would make the tracking simpler for taxpayers and the IRS.

Gross Income Exclusion

The proposed section 6418 regulations give many commentators what they sought regarding how to treat the difference between the amount a buyer pays for a credit and the amount of the credit that the buyer claims. Affirming what some congressional staffers indicated, that amount is excluded from taxable income under the proposed regs.

The rationale for the transferee gross income exclusion is that under section 6418(a), the transferee is treated as the taxpayer for purposes of title 26 concerning a transferred eligible credit. The preamble explains that an eligible taxpayer wouldn’t have gross income from claiming the credit, and the transferee shouldn’t either.

But the statute doesn’t say that the transferee is treated as the eligible taxpayer, merely that the transferee is treated “as the taxpayer.” That language is how the transferee gains the ability to apply the credit to its own tax liability, but it doesn’t expressly address the transfer’s tax effects, or lack thereof, on the transferee. It only describes the treatment of the transferee after the transfer.

Congress should have more clearly excluded the delta of the purchase price of the credit and the claimed amount of the credit from the buyer’s gross income. A technical correction was never very likely, and it won’t happen now in light of the proposed regulations.

The practical effect of including the difference in gross income would be that transferees would pay less for credits to account for the tax they owe. Notably, in 2011, the IRS’s conclusion concerning transferable state credits contradicted the rule prescribed in the proposed regulations (CCA 201147024).

Monte A. Jackel of Jackel Tax Law said that the proposed exclusion is solely a creature of the proposed regulations, not the statute, since section 6418(b) is silent on the treatment of the transferee’s income, if any, because of the discount — section 6418(b)(3) says only that the consideration the transferee pays is not deductible.

Read more here https://au3.s3-web.ca-tor.cloud-object-storage.appdomain.cloud/Taxation-Insider/US-Tax/US-Tax-Service-for-Americans-in-Portugal-Simplifying-Tax-Compliance-for-Expats-in-Portugal.html

[ariela-wagner-me]

What to Do When You Forget to Send an NTO (Notice to Owner)

When you forget to send a Notice to Owner (NTO), act swiftly by assessing the situation and sending the NTO as soon as possible if you haven’t missed the deadline. Communication, transparency, and adherence to legal deadlines are key to mitigating potential construction project disputes.

[kanakkupillai-trademark]

Steps for Annual LLP Filing & Compliance

Limited Liability Partnerships (LLPs) are a popular form of business structure that combines the advantages of a partnership and a limited company. Annual Filing for LLP in India is required to comply with various legal obligations, including annual filings, which are crucial for maintaining their active status and avoiding penalties. This article provides a detailed overview of the annual filing requirements for LLPs, the deadlines, and the penalties associated with non-compliance.

Essential Annual Filing Requirements for LLP

Annual Return (Form 11) Every LLP is required to file an Annual Return in Form 11 with the Registrar of Companies (ROC) within 60 days from the end of the financial year. This means that filing is typically due by May 30th each year. Form 11 contains details of the LLP's partners and any changes that occurred during the year.

What to include in Form 11?

Total number of partners

Contributions received by partners

Any change in the composition of partners

Summary of obligations and compliance during the year

Penalty for non-filing: If Form 11 is not filed within the due date, a penalty of Rs. 100 per day is imposed until compliance is achieved, without any maximum limit.

Statement of Account & Solvency (Form 8) LLPs must file their Statement of Account and Solvency in Form 8 every year, completed by October 30th of each financial year. Form 8 includes details about the LLP's financial position, including the declaration of solvency by the designated partners.

What to include in Form 8?

Statement of solvency or insolvency

Profit and loss statement

Balance sheet

Details of contingent liabilities, if any

Penalty for non-filing: A daily fine of Rs. 100 is imposed for delayed filing without any upper limit.

Income Tax Return (ITR) Every LLP must file an Income Tax Return by July 31st of the assessment year if audit requirements do not apply. However, if the LLP's accounts are subject to audit, the deadline is extended to September 30th.

What to include in the ITR?

Total income and deductions

Profit-sharing ratios among partners

Tax liabilities and payments

Any audits conducted during the year (if applicable)

Penalty for non-filing: If the ITR is not filed within the due date, a late filing fee of Rs. 5,000 is applicable. However, for LLPs with a total income of less than Rs. 5 lakhs, the late fee is reduced to Rs. 1,000. Interest on the late filing of taxes and penalties may also apply.

Additional Compliances

Audit Requirement: LLPs with an annual turnover of more than Rs. 40 lakhs or contributions exceeding Rs. 25 lakhs are required to get their accounts audited by a Chartered Accountant.

Maintenance of Books of Accounts: LLPs are required to maintain proper books of accounts on a cash or accrual basis, following double-entry accounting systems. The records should be kept for at least eight years.

Consequences of Non-Compliance

Non-compliance with annual filing requirements can result in:

Heavy penalties: Continuous daily penalties until the required forms are filed.

Loss of LLP status: In extreme cases, prolonged non-compliance can result in the Registrar declaring the LLP defunct.

Disqualification of partners: If an LLP fails to comply with its annual filings for an extended period, its designated partners may face disqualification from holding similar positions in other LLPs or companies.

Conclusion

Annual Filing for LLP proper functioning. It helps maintain the business's legal status, ensures transparency, and keeps the LLP compliant with regulatory obligations. Designated partners should be vigilant about deadlines to avoid penalties and legal issues. With proper planning and timely submissions, LLPs can ensure smooth operations and adherence to all statutory requirements.

[researchbuzz]

Capital Punishment, Scotland History, ChatGPT Search, More: Friday ResearchBuzz, November 1, 2024

NEW RESOURCES Death Penalty Information Center: New Resource: Database of Capital Appeals Dismissed Solely Because of Missed Deadlines. “The Death Penalty Information Center is pleased to share a powerful new resource illustrating the dire consequences of inadequate legal representation in capital cases: a database of cases that were dismissed because they were not filed by the statutory…

[dontmeantobepoliticalbut]

A number of Senate Republicans on Tuesday rejected the idea of lifting the debt ceiling temporarily to buy Congress more time to negotiate a larger measure with the White House that would prevent a default.

On Monday, Treasury Secretary Janet Yellen said the deadline to prevent a default on the nation's debt could be as early as June 1, four days before her previous prediction. The U.S. hit the statutory borrowing limit in January and has been using “extraordinary measures” to pay the bills.

Several GOP lawmakers said that pushing back the deadline will only shift negotiations into the future because Washington is known for addressing these crises at the last minute.

"If she [Yellen] would have said June 15, it would have been done closer to June 15," said Sen. Mike Rounds, R-S.D. "If she would have said July 1, it would have been done closer to July 1. This will always go down to the wire when you have divided government."

Sen. Thom Tillis, R-N.C., agreed it's a "silly" idea, telling reporters: "We all work around deadlines here. If we do a short-term extension, it means we won’t get into negotiations in earnest until three or four weeks before whatever the new extension is. That’s how this place works."

"We’ve been kicking the can down the road for four and a half years since I’ve been here," said Sen. Mike Braun, R-Ind. "We need to at least agree to something without delaying it."

Asked if he would be open to a short-term debt ceiling increase, Sen. Josh Hawley, R-Mo., said, "No, absolutely not. That's just a bunch of gimmicks."

Sen. Jerry Moran, R-Kan., also said that it's a "mistake" because it brings "more uncertainty."

Senate Minority Whip John Thune, R-S.D., also poured cold water over a short-term extension, saying it isn’t a good idea and cast doubt on whether it’d even have the votes.

“I would prefer that we get this done the first time. That always gets dicey. And, frankly, I don’t even know if there’d be the votes for that,” Thune told reporters. “I think there’s going to have to be a really earnest effort made to try and negotiate something that can get passed by the deadline.”

Sen. Rick Scott, R-Fla., meanwhile, said he was open to a 30-day extension to lift the debt limit.

While members of Congress are not actively pursuing a short-term extension at the moment, Congress has passed such measures in recent debacles over the debt ceiling to allow more time for talks.

Senate Democratic leaders are keen on sticking to the White House's demand to pass a clean debt ceiling increase.

"Our position remains the same," Senate Majority Leader Chuck Schumer, D-N.Y., said on the Senate floor Tuesday. "Both parties should do what we have done in the past, the last three times default faced us. Both parties should pass a clean bipartisan bill to avoid default together."

Schumer lashed out at House Republicans and specifically Speaker Kevin McCarthy, R-Calif., for the debt limit bill they passed last week in the lower chamber. Schumer said McCarthy "caved to extremists" in agreeing to the legislation that would slash federal spending.

McCarthy, in a statement responding to Yellen's letter, said Monday that "House Republicans did their job." He also criticized President Joe Biden, saying he "has refused to do his job."

McCarthy did, however, accept Biden's invitation to meet with him and other top congressional leaders at the White House on May 9 to discuss the debt ceiling, a source familiar with the call confirmed.

House Democrats are also preparing a plan to pass a clean debt ceiling bill through a special rule, which could be brought to the floor without support from GOP leadership. It would, however, need all Democratic House members to vote for it — as well as a handful of Republicans — and at least 60 Senators to defeat a filibuster in the Senate.

[eliottsblessings]

Construction Lien Law in Utah

In Utah, construction lien laws are primarily governed by Title 38, Chapter 1a of the Utah Code, which details the requirements and procedures for establishing and enforcing construction liens. Here is a comprehensive overview:

Preliminary Notice

Requirement: Any person furnishing labor, service, equipment, or materials for a construction project must file a preliminary notice with the State Construction Registry (SCR) within 20 days after starting work on the project. This notice is crucial as it preserves the right to later file a construction lien if payment issues arise (Utah Code § 38-1a-501).

Filing: The notice must be filed online at the SCR website. Failure to file this notice within the 20-day period may result in the loss of lien rights.

Notice of Construction Lien

Contents: The notice of construction lien must include:

The name of the reputed owner or, if unknown, the record owner.

The name of the person who employed the claimant.

The dates when the claimant first and last provided labor or materials.

A description of the property sufficient for identification.

The claimant’s name, address, and phone number.

The amount claimed.

The claimant’s signature.

An acknowledgment or certificate as required by Title 57, Chapter 3.

For liens on owner-occupied residences, a statement on the steps the owner can take to remove the lien (Utah Code § 38-1a-502).

Recording: This notice must be recorded in the county where the property is located, and the county recorder will index it accordingly. The notice is considered effective from the time of recording, giving public notice of the lien.

Service: Within 30 days after filing, the claimant must deliver or mail a copy of the notice to the reputed owner or record owner. Failure to do so can preclude the claimant from recovering costs and attorney fees in a lien enforcement action.

Filing Deadlines

Lien Filing: A lien must be filed within 180 days after the final completion of the original contract, the final inspection, or the issuance of a permanent certificate of occupancy. If a notice of completion is filed, the deadline is shortened to 90 days.

Lien Enforcement: To enforce the lien, a lawsuit must be filed within 180 days after the lien is recorded. This is very important.

Bonding and Waivers

Bonding: If a lien is contested, the property owner can post a bond to discharge the lien. The bond amount varies: 150% of the lien value if the claim is $25,000 or more, 175% if between $15,000 and $25,000, and 200% if less than $15,000.

Lien Waiver: Utah law provides for statutory lien waiver forms that can be used to waive lien rights under certain conditions.

For more detailed information, you can contact Utah Attorney Jeremy Eveland or visit the State Construction Registry

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Salt Lake City Utah West Valley City Utah Provo Utah West Jordan Utah Orem Utah Sandy Utah Ogden Utah St. George Utah Layton Utah South Jordan Utah Lehi Utah Millcreek Utah Taylorsville Utah Logan Utah Murray Utah Draper Utah Bountiful Utah Riverton Utah Herriman Utah Spanish Fork Utah Roy Utah Pleasant Grove Utah Kearns Utah Tooele Utah Cottonwood Heights Utah Midvale Utah Springville Utah Eagle Mountain Utah Cedar City Utah Kaysville Utah Clearfield Utah Holladay Utah American Fork Utah Syracuse Utah Saratoga Springs Utah Magna Utah Washington Utah South Salt Lake Utah Farmington Utah Clinton Utah North Salt Lake Utah Payson Utah North Ogden Utah Brigham City Utah Highland Utah Centerville Utah Hurricane Utah South Ogden Utah Heber Utah West Haven Utah Bluffdale Utah Santaquin Utah Smithfield Utah Woods Cross Utah Grantsville Utah Lindon Utah North Logan Utah West Point Utah Vernal Utah Alpine Utah Cedar Hills Utah Pleasant View Utah Mapleton Utah Stansbury Par Utah Washington Terrace Utah Riverdale Utah Hooper Utah Tremonton Utah Ivins Utah Park City Utah Price Utah Hyrum Utah Summit Park Utah Salem Utah Richfield Utah Santa Clara Utah Providence Utah South Weber Utah Vineyard Utah Ephraim Utah Roosevelt Utah Farr West Utah Plain City Utah Nibley Utah Enoch Utah Harrisville Utah Snyderville Utah Fruit Heights Utah Nephi Utah White City Utah West Bountiful Utah Sunset Utah Moab Utah Midway Utah Perry Utah Kanab Utah Hyde Park Utah Silver Summit Utah La Verkin Utah Morgan Utah

Utah Lawyer Consultation

When you need help from a Utah lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

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Read more here https://jeremyeveland.com/construction-lien-law-in-utah/

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