Posted in Business Law

If you are looking to relocate your business to Florida, we suggest using a statutory conversion if this option is available. A statutory conversion transforms your state’s LLC or Corporation into a Florida LLC or Corporation, and the EIN, property deeds, and management structure generally remain the same. The conversion process is much simpler than forming a new entity and winding down the old entity. For this to be possible, both states must have laws permitting this type of conversion. For the conversion to occur, you file Articles of Conversion along with either Articles of Organization (for an LLC) or Articles of Incorporation (for a Corporation) with the Florida Department of State’s Division of Corporations (commonly referred to as Sunbiz). Additionally, Florida law requires that a Plan of Conversion be drafted and approved for proper corporate governance. Once the Articles of Conversion are accepted, you may need to dissolve your business entity in the previous state.

Posted in Asset Protection

If you have assets in Florida, you need to know the best way to avoid exposure and keep them protected from potential creditors. Tenants by Entireties (or Tenancy by the Entireties or “TBE”) is a great option for creditor protection for married couples because it is relatively simple to setup or form. In other words, there is little legal work or expense. By a married couple holding property as Tenants by Entireties, a creditor of one spouse alone cannot levy or invade a jointly owned Tenants by Entireties asset.

Posted in Estate & Personal Planning

Florida law requires the establishment of a guardianship for the person or property of a minor under certain circumstances. 

Person: A guardian of the person of the minor may be required when the minor’s natural guardians are unavailable or unable to serve as the custodian of the child (i.e., due to death, disability, or incarceration, etc.) and no appropriate alternative exists.

Posted in IRS & Tax Information

If you do not pay in full when you file your taxes, you will receive a bill notice from the IRS. This bill begins the collection process, which continues until your account is satisfied or until the IRS may no longer legally collect the tax, for example if the collection period has expired. The first notice you receive will be a bill that explains the balance due and demands payment in full. It will include the amount of the tax, plus any accrued penalties and interest, which will continue to accrue.

Posted in Estate & Personal Planning

What is a Will?

A Last Will and Testament (often just called a “will”) is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. In Florida:

• The maker of the will (called the testator) must be at least 18 years old.
• The testator must be of sound mind at the time the will is signed.
• The will must be written.
• The will must be witnessed and notarized in the special manner provided by law.
• It is necessary to follow exactly the formalities required for the execution of a will.
• To be effective, the will must be proved in and allowed by the probate court.

Posted in Condominium & Homeowner Association Law

For many people, one of the most attractive aspects of living in a condominium or homeowners’ association is to have an aesthetically pleasing environment. To that end, there are often restrictions on displays by owners. This blog post covers the unique aspects of certain flags.

Posted in IRS & Tax Information

When your tax return does not match data reported to the IRS from third parties, a letter called an IRS Notice CP2000 may be sent to you. It is not a formal audit notification, but it can quickly turn into a deficiency notice if not addressed. CP2000 Notices contain:

• The amounts you reported on your original or processed amended return;
• The amounts reported to the IRS by the payer or 3^rd parties;
• The payer’s name, ID number, the type of document issued (W-2, 1098, 1099), and the tax identification number of the person to whom the document was issued;
• The proposed changes to your income, tax, credits, or payments; and
• A Response form, payment voucher, and an envelope.

Posted in IRS & Tax Information

The CARES Act, enacted by Congress previously this year, includes a special $300 charitable tax deduction, even if you do not itemize your deductions on your taxes. The purpose of this deduction is to help charities that may be struggling due to the COVID-19 pandemic. This new and temporary deduction is only available to taxpayers who make a cash contribution directly to a charity and before the end of the 2020 year.