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divorcelawyergunnisonutah · 2 years ago

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Utah Self Storage Code 38-8-1

Utah Code – 38-8-1: Definitions.

As used in this chapter:

1 “Default” means the failure to perform in a timely manner any obligation or duty set forth in this chapter or the rental agreement. 2 “Last known address” means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. 3 “Occupant” means a person, or his sub lessee, successor, or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. 4 “Owner” means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. 5 “Personal property” means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. 6 “Rental agreement” means any written agreement or lease which establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy at a self-service storage facility and which contains a notice stating that all articles stored under the terms of the agreement will be sold or otherwise disposed of if no payment has been received for a continuous 30-day period. The agreement shall contain a provision directing the occupant to disclose any lien-holders with an interest in property that is or will be stored in the self-service storage facility. 7 “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the facility for the purpose of storing and removing personal property. No occupant may use a self-service storage facility for residential purposes. The owner of a self-service storage facility is not a warehouse as used in Section 70A-7a-102. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of the Uniform Commercial Code, and the provisions of this chapter do not apply.

Types of Property for Tax Purposes

You’ve always dreamed of buying a home, condo, or other structure. You basically want a place you can truly call your “own.” But before you set out to buy your dream home, you’ll want to know more about the different types of property for tax purposes. Below you will find key information about real and personal property and where to go if you additional questions. Remember, it is always best to consult with a local real estate attorney before making any major real estate decisions to be sure you have the most up-to-date law in front of you.

Real and Personal Property

There are two basic categories of property: real and personal. The assessment procedures and the tax rate will vary between these two categories. Real property, in general, is land and anything permanently affixed to land (e.g. wells or buildings). Structures such as homes, apartments, offices, and commercial buildings (and the land to which they are attached) are typical examples of real property. Basically, personal property is any property that is not real property. Personal property is not permanently attached to land. In most cases, it is moveable and does not last as long as real property. Personal property includes vehicles, farm equipment, jewelry, household goods, stocks, and bonds.

Types of Personal Property

Personal property is divided into “tangible” and “intangible” forms. Tangible personal property is just that: it has a physical form. It can be seen, touched, and moved. Examples of tangible personal property include clothing, books, and computers. On the other hand, the notion of intangible personal property is an abstraction. They do not usually have physical forms (other than certificates or accompanying records). These include assets such as patents, trademarks, stocks, and bonds.

Classes of Property

In addition to the basic types of property, property is grouped into various classes and subclasses for purposes of tax assessment. These classes are based on the property’s use. These schedules of classes vary considerably from state to state. For example, a state may have the following classes of property: • Class 1. Agriculture, grazing, livestock, notes, bonds, stocks, accounts receivable • Class 2: Commercial properties • Class 3: Motor vehicles • Class 4: Personal property, except motor vehicles • Class 5: Residential, farm homes • Class 6: Swamp and waste

Lease Agreement

Before moving into a rental property, many landlords require their tenants to sign lease agreements. A lease is a contract between a tenant and landlord that gives a tenant the right to live in a property for a fixed period of time, typically covering a 6- or 12-month rental period. A contract between the landlord and tenant binds the parties to the lease.

Residential leases are tenant contracts that define in clear, thorough terms the expectations between landlord and tenant, including rent, rules regarding pets, and duration of agreement. A strong, well thought out, and well-worded lease contract can help ensure both parties’ best interests are protected, as neither can alter the agreement without written consent from the other.

Rental Agreement

Rental agreements are very similar to lease agreements. The biggest difference between lease agreements and rental agreements lies in the length of the contract. Unlike a long-term lease agreement, a rental agreement provides tenancy for a shorter period of time usually 30 days.

In most cases, rental agreements are considered “month-to-month,” and automatically renew at the end of each term period (month), unless otherwise noted by tenant or landlord. With a rental agreement, the landlord and tenant are free to change the terms of the agreement at the end of each month-to-month period (so long as appropriate notice procedures are followed).

Typical Items In Leases And Rental Agreements

Both lease and rental agreements may vary in terms of structure and flexibility. For instance, some contracts may include a rental unit pet policy, while others might include an additional addendum regarding rules or regulations, such as excessive noise. Depending on the state, landlords may be required to include certain disclosures on their lease or rental agreements such as asbestos, mold, and registered sex offender information. When drafting your lease or rental agreement, always be sure to comply with your state and federal laws.

Lease Agreement vs. Rental Agreement: Pros and Cons

The pros and cons of each specific contract fall into a few different categories and depend on the landlord-tenant relationship you’re looking for.

Pros of a Lease:

If stability is your main priority, a lease may be the right option. Many landlords prefer leases to rental agreements because they are structured for stable, long-term occupancy. Placing a tenant in a property for at least a year may offer a more predictable rental income stream and cut down on turnover costs.

Cons of a Lease:

That said, once a lease agreement is signed, the rental cost is set in stone until the end of the agreement. In an up-and-coming area with consistently growing property values, 12 months of a fixed rental cost could mean you miss out on substantial incremental income from market increases. According to Home Buying Institute, the median home price in the U.S. rose by 8.1% over the past year and is predicted that prices would rise by 6.5% in the next 12 months.

Pros of a Rental Agreement:

Due to the short term of a rental agreement, they allow much more flexibility when it comes to rent increases. Technically speaking, rent may be revised each month with a rental agreement to stay in-line with the current fair market rent so long as rent increases comply with local law and the notice provisions that govern the month-to-month rental. Using a tool such as Rentometer is useful for searching rental price comparisons in your area. It’s important your tenant understands with a rental agreement the landlord has the ability to increase the rent rate month to month. A rental agreement is ideal for a renter who can’t commit to a 12-month lease period. It may open the door to many qualified tenants looking for a short-term rental, which may be in high demand near college campuses or major hospitals.

Cons of a Rental Agreement:

A tenant looking for a long-term lease may be scared away by the flexibility of a month-to-month lease, which may leave them subject to frequent rent raises or indeterminate rental periods. For landlords, the costs of more frequent tenant turnover should also be kept in mind, including advertising, screening, and cleaning costs. Additionally, if your rental is located in an area with lower occupancy rates, you may have trouble keeping your unit rented for long periods of time.

Terms to Include in Your Lease or Rental Agreement

A residential lease or rental agreement is the blueprint of a tenancy: It lays out the rights and responsibilities of both the landlord and the tenants. It’s not only a binding contract that the parties can enforce in court; it’s also a highly practical document full of crucial business details, such as how long the tenants can occupy the property and the amount of rent due each month.

1. Names of All Tenants and Occupants Every adult who lives in the rental—including both members of a married or unmarried couple should be named as tenants and sign the lease or rental agreement. Requiring all adult occupants to be official tenants is a form of additional insurance for landlords: Each tenant is legally responsible for paying the full amount of rent and following all other terms of the lease or rental agreement. This means that if one tenant skips out and fails to pay rent, you can legally seek the entire rent from any of the tenants. Also, if one tenant violates the lease or rental agreement, you have the right to terminate the tenancy of all the tenants—not just the offender. It’s also a good idea to add an occupancy clause stating that only the tenants and their minor children are allowed to reside in the rental, and that guests may stay no longer than a set number of days. Then, if a tenant moves in an unapproved roommate or sublets the unit without your permission, you have the right to terminate the tenancy and evict all residents, if necessary.

2. Description of Rental Property Include the complete address of the property (including building and unit number, if applicable). You’ll also want to note any specific storage areas or parking spots that are included. For example, if the rental includes assigned parking, be sure to write in the stall or spot number. Similarly, specify areas that the tenants are not allowed to access (such as a locked shed in the backyard).

3. Term of the Tenancy Rental agreements create short-term (usually month-to-month) tenancies that renew automatically until the landlord or tenants terminate. Leases, on the other hand, create tenancies that terminate after a specific term (usually a year). Whichever you use, be specific: note the start date, the tenancy length, and (if creating a lease) the expiration date.

4. Rental Price Don’t just write in the amount of rent spell out when (typically, the first of the month) and how it’s to be paid, such as by mail to your office. (Make sure you comply with your state’s laws on paying rent.) To avoid confusion, spell out details such as:acceptable payment methods (for example, personal check only), whether you charge a late rent fee, the amount of the fee, and the grace period (if any), and any charges if a rent check bounces.

5. Security Deposits and Fees Avoid some of the most common disputes between landlords and tenants by being very clear about: • the dollar amount of the security deposit (be sure you comply with any state security deposit limit laws) • how you might use the deposit (for example, to cover unpaid rent or repair damage the tenant causes) and how you won’t use it (for example, you won’t accept it in lieu of last month’s rent) • whether you expect the tenant to replenish the deposit in the event you have to make a deduction mid-tenancy (for example, if you repair a window the tenant’s child throws a ball through two months into the tenancy) • when and how you will return the deposit and account for deductions after the tenant moves out (check your state’s laws on returning security deposits), and • any nonrefundable fees, such as for cleaning or pets (make sure your state allows nonrefundable fees). It’s also a good idea (and legally required in a few states and cities) to include details on where you’ll hold the security deposit and whether you’ll pay interest on the deposit to the tenant.

6. Repair and Maintenance Policies Your best defense against rent-withholding hassles and battles over security deposits is to clearly explain your repair and maintenance policies, including: • the tenants’ responsibility to maintain clean and sanitary premises and to pay for any damage they cause (excluding normal wear and tear) • a requirement that the tenants alert you to defective or dangerous conditions, with specific details on your procedures for handling complaints and repair requests, and • restrictions on tenant repairs and alterations (for example, prohibit any painting of the unit unless you approve it in writing).

7. Landlord’s Right to Enter Rental Property To avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your right to access the rental. It’s okay (if permitted under your state’s landlord access laws) to have different policies for different situations—for example, you might provide 24 hours’ notice before you enter to make repairs or show the unit to potential renters, but you might not be able to provide advance notice in an emergency.

8. Rules and Important Policies If a rule or regulation is so important to you that you’d want to remove a tenant who violated it, be sure to include it. Other, not-so-vital rules can be written in a separate rules and regulations document. Landlords commonly include the following policies in their leases and rental agreements: • No illegal activity: To limit your potential liability, as well as help prevent injury to others and your property, you should include an explicit clause prohibiting illegal and disruptive behavior, such as drug dealing, drug use, and excessive noise or nuisance. • Smoking: You have the right to prohibit or restrict smoking of any kind in your rental. If you don’t allow smoking, you might want to note that the ban includes all forms of smoking—including marijuana or vamping. If you limit smoking, write out where and what tenants may smoke. • Pets: You have the right to restrict or prohibit pets in your rental, with the exception of service and emotional support animals. If your rental is pet-friendly, include your pet policies: Write out how many pets a tenant can have, and specify what types, breeds, and sizes of animals you allow. Also note if pets must be on leash outside the unit, or if tenants must clean up pet waste in common areas or a yard.

9. Contact Information Consider requiring tenants to contact you in writing about certain matters. Although texts and instant messaging might work for some discussions, you want to be able to keep a reliable and printable, in the event you ever need to show a judge record of all communications with your tenants. For example, you might state that tenants must request repairs in writing or give notice to terminate the tenancy by sending a letter to a designated address. If you agree to accept email, make sure that you regularly check email and have methods for saving (and backing up) everything you send and receive.

10. Required Landlord Disclosures Federal, state, and local laws might require you to disclose certain information in your lease or rental agreement. For example, you might have to inform tenants about lead-based paint or the unit’s bed bug history. You’ll also want to make sure your lease or rental agreement doesn’t violate any rent control laws, antidiscrimination laws, or health and safety codes. Consider having a local landlord-tenant attorney review your lease or rental agreement to ensure it complies with all applicable laws.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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lawassociate45 · 2 years ago

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Supplemental Needs Trusts For People With Disabilities First Celebration Supplemental Needs Trust Koldin Legislation Middle, P C

Not solely did Laura accommodate us, but within 24 hours, was able to put together all necessary particulars to current our case. The stress was indescribable.I cannot say sufficient about Laura's professionalism, integrity and communication skills. Without a doubt, Laura labored tirelessly on our behalf to symbolize us in a particularly critical hearing.Laura's authorized expertise was above and past our expectations. She confirmed real care, concern and calm when we were at our lowest.We will be forever grateful and appreciative to Laura and Littman Krooks LLP for representing us and gaining a profitable conclusion in our favor. It is important to have funds segregated and irrevocably devoted to the kid with a incapacity.

The Miller trust takes its name from the Colorado case of Miller v. Ibarra, 746 F. 19 (D. Colo. 1990), and is particularly sanctioned by 42 U.S.C. § 1396p. It is likewise referred to as a "Utah Gap Trust" as a outcome of the shortfall between the two quantities reminded the attorney of the house between buttes in the Utah countryside. The Miller trust is significant only in these states which impose an revenue cap on Medicaid long-term care eligibility.

A supplemental needs trust is a trust that enables funds to be given to a child with a severe incapacity or continual sickness who has already turned eighteen years old. The amount of money that's given from the fund will never exceed the quantity essential to retain eligible for presidency benefits, similar special needs trust attorney to Medicaid and Supplemental Security Income . Assets owned by a person with disabilities could be transferred to a Supplemental Needs Trust so that eligibility for Medicaid and/or different government advantages packages can be established. This is also identified as a “First Party” Supplemental Needs Trust.

Special needs trusts are designed to profit a person with mental or bodily disabilities. Since a trustee has whole control over the property, authorities program directors typically ignore the funds within these trusts when considering eligibility for certain packages. Because the funds have already been distributed to the disabled person, underneath federal and state regulation, any Medicaid lien existing on the time the special needs trust is created must be repaid before the trust may be funded with the desire distribution. Another key concern is continuity of take care of the kid upon the surviving mother or father's demise. These proceedings could tie up the property belongings for many months and even years in some instances. Since 1993 it has been public coverage in New York State to permit dad and mom of a disabled youngster to arrange a trust for their inheritance which won't disqualify them from authorities benefits, such as Social Security and Medicaid.

The Supplemental Needs Trust can not pay for “shelter”, i.e., mortgage funds, lease, real estate taxes, fuel, electricity, water, sewer, homeowners’ insurance and condo costs. A Supplemental Needs/Third Party Funded Pooled Trust may attorney for special needs trust be established by anyone other than the individual with disabilities. Funds may be added and are available to the individual throughout their lifetime.

A trust is a legal arrangement in which legal title to property is held by a trustee under certain defined restrictions written throughout the governing instrument for the benefit of another celebration known as the beneficiary. Trusts can be used as a automobile to make property supplemental needs trust available to a beneficiary however nonetheless considerably limit them. A beneficiary doesn't necessarily should be disabled to profit from a spendthrift trust, but most spendthrift trusts would not suffice to qualify their beneficiary for Medicaid as the belongings held inside them can be countable.

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melissawalker01 · 2 years ago

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Utah Bankruptcy

What is Bankruptcy?

Bankruptcy is a legal way to get rid of most of your current debt, stop harassment from creditors, and start fresh. It is a federal court process by which you can discharge some of your debt because you are unable to repay those debts. There are usually two ways bankruptcy is declared:

 You file for bankruptcy  Your creditors ask the court to declare you bankrupt

Bankruptcy usually takes two forms: Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy

Chapter 7 Bankruptcy, otherwise known as “straight bankruptcy” or “liquidation,” allows the debtor to sell their non-exempt assets to pay off their debts; after that, the debtor will be free from all dischargeable debts.

There are specific eligibility requirements that you must meet to qualify for Chapter 7 bankruptcy. Some of the scenarios where you wouldn’t be eligible for Chapter 7 include when:

 Your income is too high (this is determined using the “means test”): In such cases, your case may be filed under chapter 13 bankruptcy  You have the ability to repay your debt  You dismissed a bankruptcy case within the past 180 days  You previously filed for bankruptcy and the time frame to file another bankruptcy case has not passed  You attempted to defraud creditors

Under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code, some or all of your existing debt can be discharged. A “discharge” means you are not personally liable for the money and do not need to pay it back. The creditor you owe, such as a hospital or credit card company, cannot call you or take collection actions against you once the debt is permanently discharged.

Note: Most people will file a Chapter 7 bankruptcy to remove credit card debt and seek debt relief. Some debts may have a bankruptcy discharge but you might have to keep personal liability for other debts.

Debt Discharge Comes After Selling Off Assets

Chapter 7 bankruptcy often involves the liquidation (or selling off) of assets in order to pay past debts. Only after this process is completed can you have qualifying debts discharged. Some property is protected from liquidation by federal or state bankruptcy exemptions. In fact, many people who file for Chapter 7 can keep a majority of their property. It will be up to your attorney and bankruptcy trustee to decide what you can keep, what deals you can make with the creditor, and what you need to give up in your bankruptcy case.

Once assets are liquidated, the courts tend to discharge debts right away. In the whole Chapter 7 bankruptcy process, this happens about four months after you first file in bankruptcy court. Keep in mind you need to complete educational classes on debt management in between filing and receiving the discharge, or the judge may dent your debt discharge.

What Happens After a Chapter 7 Bankruptcy?

Those who pursue a Chapter 7 bankruptcy should be aware of some potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including:

 Government-funded student loans  Some forms of tax debt  Federal tax liens  Child support  Alimony or spousal support  Debts for personal injury or death arising from a motor vehicle accident  Fines and penalties for violating the law  Certain tax-advantaged retirement plans  Cooperative housing fees

Potential applicants for Chapter 7 bankruptcy should be aware that even private student loans are rarely discharged without a special showing of undue hardship. This can be hard to prove but can happen if you become permanently disabled and cannot work.

#lawyer #legal

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legalassistant1 · 2 years ago

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Bankruptcy Offers Fresh Start by Forgiving Debts

Whether you are an individual or a company, bankruptcy offers a fresh start by forgiving debts. However, if you decide to file for bankruptcy, you should know the ins and outs of filing and how you can protect your assets. Here are some tips:

Avoid transferring assets

Whether you’re thinking of filing for bankruptcy or you have already filed, transferring assets may be a mistake. This is because bankruptcy is designed to protect creditors, and fraudulent transfers can have serious consequences.

The court will scrutinize any sale of property that leaves the buyer insolvent. Similarly, a court will also scrutinize a transfer of property that leaves the buyer with less than fair market value.

The first step in avoiding a bankruptcy fraud is to file a Statement of Financial Affairs with the court. This requires you to list all your assets and debts. You should also keep documentation on hand. This will help you with your case and keep it moving on time.

Another tip is to avoid making large purchases and transfers. If you’re going to buy a car or buy a big gift, make sure you’re buying it in the fair market value.

Discharge your debts

During bankruptcy, the debtor is no longer required to pay his or her debts. In other words, the debtor receives a discharge, which is a permanent order to prevent any further collection efforts.

Before filing for bankruptcy, you should make sure that you have a complete list of your debts. Your bankruptcy attorney may ask for proof of your income for the last 60 days and your tax returns from the previous year. You will also have to pay filing fees and fees for credit counseling.

If you have a large amount of home equity, you may want to consider putting that equity to work in reorganizing your debt. You may also be able to reduce your interest rates and penalties, or negotiate a settlement amount that you can afford.

Long-term credit penalties

Depending on your debt level and income, there are several types of debt relief. Some types carry a higher impact than others. You should find out exactly how the process works and how your credit is affected by the type of debt relief you choose.

In general, bankruptcy is a legal process that provides consumers with a fresh start by forgiving certain debts. It can be a helpful tool for consumers, but there are also some negative aspects to it.

The most obvious disadvantage to bankruptcy is that it can negatively impact your credit. You may be unable to obtain credit or get a loan for a long time, and your credit report will show the bankruptcy for years. This can make it difficult to get a new credit card, rent a home, and obtain insurance.

Liquidation of qualifying property

Depending on your financial situation, you may be able to file for Chapter 7 “liquidation” bankruptcy. This type of bankruptcy can offer you a fresh start by forgiving your debts. You can then establish a repayment plan and start fresh. However, before filing for bankruptcy, you should consider your financial situation and consult with an experienced business bankruptcy attorney.

The “finance” portion of a bankruptcy case will involve selling off your assets. The trustee will do this to generate cash for creditors. Some assets may be exempt from sale. You may be able to keep your home. This is protected to a degree by both state and federal laws.

You may also have to reaffirm some of your debts. For example, if you have a mortgage, you may have to reaffirm your mortgage before your property is discharged. The same holds true if you have a lien on your real estate.

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

If you have any questions or in need a Bankruptcy Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.

Ascent Law LLC 8833 S Redwood Road Suite C West Jordan UT 84088 (801) 676–5506 https://www.ascentlawfirm.com https://goo.gl/maps/abyMDqWEv97VbdhW6

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lawassist-001 · 2 years ago

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How Likely Is It To Keep A House During A Divorce?

Taking care of your family’s home can be one of the most difficult parts of a divorce. The emotions involved can lead to dangerous decisions that don’t make financial sense. If you are planning to divorce, you should consult a financial advisor before making any financial decisions. They can advise you on how to get your house divorced as quickly and efficiently as possible.

Equity

If you have a significant amount of equity in your home, you may be able to keep it after the divorce. This can be a great way to preserve memories for your children. But if you don’t have that much equity, you may be forced to sell it or rent it out. If you are unable to sell it, you may need to move to a smaller home.

Agreement

In some cases, you can keep your home in a divorce if you and your spouse are able to come to an agreement. This can make the process go a lot smoother. If you and your spouse can agree on how you will split the house, this can be a great way to save money on the sale. If you are unable to agree on how to split the house, you may need to have the court decide who gets what. This can be expensive and time-consuming. However, if you are reasonable, you may be able to make the decision on your own.

Refinancing a home

If your spouse wants to stay in the house after the divorce, he or she will have to do some repairs. In addition, you may need to refinance the home. It is also important to have a title search performed. The title may contain liens from large credit card bills or missed payments. It is also important to have an appraisal done. Having an appraisal will help you determine how much your home is worth.

Consult a divorce lawyer

A divorce lawyer can help you with the details of the divorce. He or she can also work with your ex’s attorney to make sure that the divorce is smooth and easy. However, there are many things that you need to consider when getting a divorce. One of the most important things to consider is how much you will have to pay. A good divorce attorney can help you get the divorce you want without incurring unnecessary costs.

Talk to your children about divorce

If you have children, you will need to make sure that they don’t get emotionally involved in the divorce. You want to make sure that they know that they are innocent victims of the divorce. You also want to make sure that you don’t fight in front of the children. If you are able to come to an agreement, you will both be able to get through the process without too much stress.

Consider financial resources

The most important thing to consider when you are getting a divorce is whether you have the financial resources to keep the home. You may have to move to a smaller home if you don’t have the resources to buy a new home. You may also have to move to a condo or rent a place. You may also have to pay tax liabilities.

If you need legal advice about filing for divorce or are in need of an attorney you can call this law firm, you can get a free consultation with the Best Attorneys in Utah.

Ascent Law LLC: 8833 South Redwood RoadSuite C West Jordan, UT 84088 (801) 676-5506

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

#AscentLawLLC #AscentLawUtah #ascentlaw #DivorceLawyerUtah #DivorceAttorneyUtah #BestAttorneysInUtah

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kenneth34jj · 3 years ago

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Are you being audited by an IRS officer with no mercy? Are you afraid of being audited? Have you procrastinated filing your tax returns? Are you at risk of bankruptcy? Jordan Wilcox is a committed, caring, and uniquely qualified tax attorney located near Ogden, Utah, that can help you with all of these tax problems. Known for his stubborn, one-track mind, Jordan Wilcox will stop at nothing to help you get the results you need. He can help you settle your business’ Utah payroll taxes, help you escape the evil clutches of IRS officers, and assist you in avoiding and settling income tax problems, and support you in the aversion of Utah state sales IRS issues. The Internal Revenue Service, simply put, is not fair in its punishments or condemnations. Jordan Wilcox can help you get the settlement that you deserve, saving you not only thousands of dollars but also hours of stress and countless sleepless nights. If you think your family or business is in danger of losing money that it shouldn’t have to, turn to Jordan Wilcox’s tax attorney services. Jordan Wilcox has helped taxpayers with eight years of unfiled tax returns expose the Internal Revenue Service’s inaccurate return estimates, resulting in receiving refunds rather than paying fees. Additionally, he has helped restaurant owners convince the IRS to defer lien filing in order to give them the time needed to save money for payment. Call Jordan Wilcox near Ogden, Utah, at (801) 657-5951 or visit his website https://www.taxhelput.com/ for more information.

#tax help ogden

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unclaimedmoneyblog · 3 years ago

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How to Recover Unclaimed Money Nationwide USA

Unclaimed Money Recovery Services Nationwide USA. How to Find Unclaimed Funds. Fair Cash Claims for Bankruptcy, Tax Sales Overages, State Funds. Surplus Funds Services Near Me

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Do I Have Unclaimed Money or Unclaimed Property?

SURPLUS FUNDS If your home is sold for more than what you owe on your mortgage and for taxes, you may be entitled to Surplus Funds, which in some cases could total thousands of dollars.As per the law, after a set period of time elapses, the government may be able to permanently acquire your funds. That’s the solemn reason why surplus funds recovery firms like us exist, we ensure money is returned to rightful homeowners.Bankruptcy Unclaimed Funds | Tax Sale Excess Funds | Asset Recovery Service We put in extensive research and determine whether a homeowner is entitled to the “Surplus”. We go through millions of databases to track you down and ensure that you get what is legally yours. Some of the most common reasons for funds becoming unclaimed can be a change of address, the owner is deceased or the assets or account has been left inactive for a certain period of time.We locate homeowners who have lost their home to foreclosure sale & tax sale, research any lien holders who could possibly claim the funds, and determine who the legal claimant is. When the refund has been verified, we locate the legal claimant using internet searches and skip tracing services and contact them offering our services.

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taxlawcenter · 1 year ago

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Understanding and Managing Tax Liens in Utah | Tax Law Center

Navigating tax liens in Utah can be complex, but Tax Law Center is here to help. Our expert team specializes in managing tax liens, providing clients with comprehensive solutions to resolve their tax issues. Trust us to guide you through the intricacies of Utah tax laws and find the best strategies to protect your financial well-being.

#Tax liens in utah

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divorcelawyergunnisonutah · 2 years ago

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Utah Homestead Exemption

Under the Utah exemption system, homeowners may exempt up to $30,000 of their home or other property covered by the homestead exemption. You may use the homestead exemption to protect more than one parcel of land, but you may protect up to one acre only.

Doubling for Married Couples

If you file a joint bankruptcy with your spouse in Utah, you can double the homestead exemption to protect up to $60,000 in your home. In Utah, the homestead exemption applies to real property, including your home or mobile home. You may also protect water rights that you own, if the water is used for domestic or irrigation purposes. In order to use the $30,000 exemption to protect your home, it must be your primary personal residence. Utah law permits you to protect property that is not your primary personal residence, but if you don’t live in the property, the exemption amount is limited to $5,000. The homestead exemption also applies to sale proceeds for up to one year after the property is sold.

Can You Use the Federal Bankruptcy Exemptions in Utah?

Some states allow bankruptcy filers to use the federal bankruptcy exemptions instead of the state exemptions. Utah is not one of those states. If you reside in Utah, you must use the state exemptions.

Homestead Declarations

In Utah, you must file a homestead declaration (a form filed with the county recorder’s office to put on record your right to a homestead exemption) in order to claim the homestead exemption. Contact your county recorder for information on how to file a homestead declaration. Refer to the Utah Code Section 78B-5-504 for the information you are required to include in your homestead declaration.

Other Information About the Utah Homestead Exemption

In Utah, you cannot use the homestead exemption to protect your property from debts due to property taxes or assessments, purchase (such as a mortgage), child support, or liens that you allowed against your property by mutual contract.

Homestead Exceptions

Unfortunately, Utah’s homestead exemption laws might not protect you from every creditor. There are four general exceptions under which you may still be forced to sell or forfeit property or real estate: • If there was a pre-existing lien on the property before the establishment of homestead; • If the homestead property was specifically pledged as credit for a mortgage; • If you owe past due taxes to the State of Utah and Utah counties or municipalities; or • If you owe money to mechanics, contractors, or builders for work performed in repairing or improving the property.

Additionally, these homestead protections exist as state laws, and federal income tax liens may be superior to Utah’s homestead exemptions. Under the Constitution’s Supremacy Clause, state laws are subject to federal override if there is an overlap or a conflict of law. However, the Internal Revenue Service (IRS) has generally been averse to foreclose on a citizen’s home to collect on a tax debt. Instead, the IRS usually gets involved only if a homestead property is mortgaged or sold off before the federal tax lien has expired. The homestead exemption is a legal provision that helps shield a home from some creditors following the death of a homeowner’s spouse or the declaration of bankruptcy. The homestead tax exemption can also provide surviving spouses with ongoing property tax relief, which is done on a graduated scale so that homes with lower assessed values benefit the most.

The homestead exemption is helpful since it is designed to provide both physical shelter and financial protection, which can block the forced sale of a primary residence. However, the homestead exemption does not prevent or stop a bank foreclosure if the homeowner defaults on their mortgage. Foreclosure occurs when a bank takes possession of a home due to failure to make timely mortgage payments.

How Property Taxes Work

If you’re not familiar with property taxes, here’s a quick refresher. The value of your home will be assessed, and then a property tax rate will be applied to that assessed value. You can appeal the value if you think it’s too high, but in general property tax bills are what they are. Property tax rates fluctuate according to the decisions and needs of the tax authorities in your area. If the city decides it needs more funds, property tax rates may increase. Sometimes, residents can vote on these rate changes and in other cases the decision is made with public input but doesn’t require public consent.

How Homestead Tax Exemptions Work

Homestead tax exemptions shelter a certain dollar amount or percentage of home value from property taxes. They’re called “homestead” exemptions because they apply to primary residences, not rental properties or investment properties. You must live in the home to qualify for the tax break. Some states exempt a certain percentage of a home’s value from property taxes, while other states exempt a set dollar amount. If your state uses a percentage method, the exemption will be more valuable to homeowners with more valuable homes. If your state uses a flat dollar amount for its exemption, the exemption will be more valuable to homeowners with less expensive homes.

Who’s Eligible for the Homestead Tax Exemption?

In some states, you’ll get the homestead exemption (or a bigger one) if your income is low, you’re a senior, you have a disability or you are a veteran. In most cases, these exemptions can’t be combined if you fall into more than one category. Some states also set an upper limit on the value of homes that can qualify for exemptions. State governments can’t directly affect property tax rates because rates are set at the local level. So statewide homestead tax exemptions are a way for state governments to lower property tax bills indirectly. They do this to encourage homeownership, keep residents happy and give a property tax discount to people in need of a tax break.

What Kinds of Exemptions Are Available?

There are multiple kinds of homestead exemptions available, and they vary by location. Some exemptions are mandatory state-wide, while others are “local option,” meaning it is up to the county or city government to decide the extent of the exemption.

 School taxes: All residence homestead owners are allowed a $25,000 homestead exemption from their home’s value for school taxes.  County taxes: If a county collects a special tax for farm-to-market roads or flood control, a residence homestead is allowed to receive a $3,000 exemption for this tax. If the county grants an optional exemption for homeowners age 65 or older or disabled, the owners will receive only the local-option exemption.  Age 65 or older and disabled exemptions: Individuals age 65 or older or disabled residence homestead owners qualify for a $10,000 homestead exemption for school taxes, in addition to the $25,000 exemption for all homeowners. If the owner qualifies for both the $10,000 exemption for age 65 or older homeowners and the $10,000 exemption for disabled homeowners, the owner must choose one or the other for school taxes. The owner cannot receive both exemptions.  Optional percentage exemptions: Any taxing unit, including a city, county, school, or special district, may offer an exemption of up to 20 percent of a home’s value. But, no matter what the percentage is, the amount of an optional exemption cannot be less than $5,000. Each taxing unit decides if it will offer the exemption and at what percentage. This percentage exemption is added to any other home exemption for which an owner qualifies. The taxing unit must decide before July 1 of the tax year to offer this exemption.  Optional age 65 or older or disabled exemptions: Any taxing unit may offer an additional exemption amount of at least $3,000 for taxpayers’ age 65 or older and/or disabled.

Who Qualifies for an Exemption?

Any homeowner in the state of Utah can qualify for a homestead exemption, so long as you meet the following criteria:  You own your home as of January 1 of the tax year and reside in it as your primary residence.  You are an individual homeowner, not a corporation or business entity.  You did not claim any other property for homestead exemption in the same tax year.

How to Apply For a Homestead Exemption

Applying for a homestead exemption may sound complicated, but with a two-step process and familiarity with the deadlines, you can save thousands of dollars on your property taxes.

Steps to Apply

 Download the Residence Homestead Exemption Application from your county appraisal district’s website and fill it out.  Mail your completed form, along with all required documents, to your county appraisal district. Required Documents To complete your Residence Homestead Exemption Application, you will need  The Residence Homestead Exemption Application for your county appraisal district.  A copy of your valid Utah driver’s license or identification card with an address matching your homestead address.

Manufactured homeowners must also provide one of the following:  A copy of the Utah Department of Housing and Community Affairs statement of ownership.  A copy of the sales purchase agreement, other applicable contract or agreement or payment receipt.  A sworn affidavit indicating that you are the owner of the manufactured home and the seller did not provide you with the applicable contract or agreement.

Selling or Buying a Home with an Existing Homestead Exemption

Very few people buy or sell a home on January 1, so property taxes can get confusing in that first year as both the buyer and seller will owe taxes on the property, pursuant to their time in ownership. Homestead exemptions will also apply to those taxes, so it’s important to know the rules. For properties with standard homestead exemptions in place, those exemptions will usually remain for the year of the sale and the taxes will reflect those exemptions, benefitting both seller and buyer. The buyer will then have to apply for a homestead exemption in the following year as the new owner of the property. It is important to note that any homestead cap in place will be removed when the new homestead exemption is applied for and this can cause a significant jump in property taxes that first year as the home will be taxed based on its full appraised value.

If the property has an Age 65 or Older or Disability exemption, the exemption will only stay in place for the year if the qualifying person does not establish a homestead exemption on their new property during that year or if the new owner qualifies for that exemption in their own right.

If those criteria are not met, the taxes will be prorated and the homestead exemption will only be in effect during the time when the qualifying party owned the property. Again, property taxes in this situation could be much higher than what was paid the previous year.

Other Property Tax Exemptions

There are a number of additional partial or absolute property tax exemptions available to Texas property owners. They offer exemptions for a variety of circumstances, including inherited property owned by multiple parties, solar and wind-powered improvements, and properties owned by charitable organizations, to name a few.

Benefits of Homesteading Your Primary Residence

Homesteading your principal residence has many advantages. Below are three reasons why you should definitely consider checking to see if your property qualifies for the homestead tax exemption.

1. Tax Exemptions Everyone loves a property tax cut. Homesteading a house in Florida grants you a property tax exemption that is based on the assessed value of your property. It is currently possible to have up to $25,000-$50,000 deducted from your property’s assessed taxable value.

2. Protection of Your Property A property that has been homesteaded is protected from forced sale to satisfy debts for personal loans. This means that if you wind up owing any credit card companies an enormous amount of money; they are forbidden from coming after your home. However, homesteading your property does not protect you from foreclosures for not paying your property taxes, mortgages, homeowners association fees, and construction fees. Even with a shield, it is always a good idea to pay off your debts in a timely manner.

3. Protection for Your Family Homesteading your property guarantees that your family will still have a home after you are gone. Homesteading ensures that if you are married and pass away, your surviving spouse and children will inherit the estate. Even if a will states otherwise the operation of law will protect your family from being displaced from their home. The signature of both spouses is required on all documents in a homesteaded property. Even if the property is titled in one spouse’s name only.

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loycereiber · 6 years ago

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Should You Extend Credit to Business Customers?

Extending credit to your customers or business partners helps your business increase sales and provide additional sources of revenue. However, there are downsides to extending credit as well, such as having to comply with a variety of federal and state laws, and of the course the possibility of not being able to collect. This article provides some basic introductory information on extending credit to your business’s customers.

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ID for Credit Transactions

Any business that accepts debit or credit cards for payment should understand the PCI security standards intended to protect consumers, credit card companies, banks, and businesses from fraud and security breaches. Any business that is going to accept credit or debit cards should obtain a complete list of the requirements from the PCI Security Standards Council. Some states have strict regulations pertaining to the kind of information that customers can be asked for when purchasing items with credit cards. Very often, businesses can’t require customers to give information that is personally identifying other than an address or phone number. Exceptions may apply if the bank issuing the credit card requires the information, or if the information is essential to fulfilling the transaction, such as for delivery or servicing. If you would like more information about the laws in your state, you can visit the Utah Attorney General’s Website.

Consumer Credit Laws

If your business extends credit to customers, you should become aware of consumer credit laws, which regulate many aspects of your interaction with customers. For example, if your business is extending credit, you will have to comply with rules regarding how you advertise interest rates and how much time you have to respond to claims of billing mistakes. There are also certain rules about how aggressive you can be when trying to collect a debt. It’s important to be in compliance with federal and state consumer credit laws, so it’s definitely in your best interest to find out the laws that will be applicable to your business.

Extending Credit and Getting Paid

If you decide to extend credit to your customers, make sure you establish credit practices that are: (1) Fair enough to your customers under state and federal credit laws, and (2) Strict enough to ensure that your business will get paid.

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You should have credit policy and a set procedure in place that your business will follow if customers don’t pay when they are supposed to pay. Examples of what you can include in your collection procedures are sending out overdue notices, demand letters, and collection notices.

Mechanics’ and contractors’ liens exist in most states to provide special collection rights to those who provide services or building materials used to improve property. A contractor’s lien is often referred to as a mechanic’s lien or a construction lien, and is available to contractors, subcontractors, and suppliers of materials. In some states, certain professions such as engineers, surveyors, and architects may also be eligible to file a lien for services that were provided in the course of a home improvement project. In the event that a debt is not paid, the lien can be foreclosed, and the property sold to pay the obligation.

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It’s important to know that the debtor has the benefit of an “automatic stay” immediately upon filing a bankruptcy petition. This stops you from taking any further action to try to collect the debt owed to your business unless (or until) the bankruptcy court decides to the contrary.

Free Consultation with a Utah Business Lawyer

When you need legal help with your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

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loreneweiner · 6 years ago

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Should You Extend Credit to Business Customers?

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ID for Credit Transactions

Consumer Credit Laws

Extending Credit and Getting Paid

youtube

Free Consultation with a Utah Business Lawyer

When you need legal help with your business, 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

Recent Posts

Domestic Violence Law

Tax Audit Help

Regulations for Business

Trusts

Getting Property Back After Divorce

Behind On Your Mortgage?

Source: https://www.ascentlawfirm.com/should-you-extend-credit-to-business-customers/

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tance · 6 years ago

Text

Should You Extend Credit to Business Customers?

youtube

ID for Credit Transactions

Consumer Credit Laws

Extending Credit and Getting Paid

youtube

Free Consultation with a Utah Business Lawyer

When you need legal help with your business, 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

Recent Posts

Domestic Violence Law

Tax Audit Help

Regulations for Business

Trusts

Getting Property Back After Divorce

Behind On Your Mortgage?

From https://www.ascentlawfirm.com/should-you-extend-credit-to-business-customers/

from https://familylawattorneyut.wordpress.com/2019/04/23/should-you-extend-credit-to-business-customers/

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