I’ve seen a lot asinternational tax attorney, one thing is tax evasion. The IRS recognizes two types of tax evasion: evasion of assessment and evasion of payment. If a person transfers assets to prevent the IRS from determining their true tax liability, they have attempted to evade assessment. If a person hides their assets after a tax becomes due and owing, an attempt to evade payment has occurred. The taxpayer must perform some action that is focused on defeating the assessment of a tax. Requires more than a proof of negligence. An intentional under-reporting qualifies as an attempt to evade. Affirmative acts to evade payment generally involve concealment of money or assets with which the tax could be paid. Such an act could also take the form of removing the assets from the reach of the IRS, such as in a foreign bank account. Simply failing to pay taxes owed, is not evasion of payment. An example of evasion of payment is concealing assets in a family member’s bank account. Having errors on your return or unpaid taxes is not enough for a finding of tax evasion. The federal rules state that a person with a tax deficiency is guilty only when there’s an affirmative act to evade the assessment or payment of taxes. Plus, that affirmative act must be intentionally performed. The crime of tax evasion is a felony, regardless of the amount owed. Cheating on a small scale does not make the crime any less serious. For a conviction, the United State Attorney must prove beyond a reasonable doubt every element of the offense. The two forms of tax evasion share the same basic elements: 1. An attempt to evade assessment, or the payment of a tax: The taxpayer must have performed an “affirmative act” to evade assessment or payment of a tax. This means the government must prove you intentionally did something to avoid your taxes. 2. A tax is due and owing: You can’t be found guilty of evading taxes that you don’t legitimately owe. The government has the burden to prove that a tax is owed. 3. Willfulness: This is the voluntary, intentional violation of a known legal duty. The taxpayer’s good faith belief that no tax law violation has occurred is not a defense. Tax evasion is punishable by up to five years in prison, a fine of as much as $250,000, in addition to the payment of any taxes owing. Here are some common criminal penalties for specific types of tax evasion: • Not Filing a Return: This offense that generally carries civil tax penalties. In extreme cases, there can be up to one year in prison and $100,000 in fines for each tax year not filed. • Filing a Fraudulent Return: A criminal felony that carries up to 3 years in prison and $100,000 in fines. • Misrepresent or Conceal Financial Information: A criminal felony with a maximum penalty of 5 years in jail and $100,000 in fines. • Failing to Pay Taxes: A felony offense with penalties of up to 3 years in prison and $250,000 in fines. IRA Lawyer Free ConsultationIf you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law 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
via Michael Anderson https://www.ascentlawfirm.com/tax-evasion/
0 Comments
As business lawyers, we are often asked about commercial leases and related real estate issues. Before you actually rent a new business space, there are some important matters to think about. First, ask yourself if you could simply improve your existing location? If some renovations and improvements would meet your needs, it may be far more cost effective than moving. Second, don’t rule out utilizing some other space that you already own? Smaller businesses in particular might be able to get away with working out of their homes, and even larger business may be able to use real estate they already own. If fixing up your existing property just won’t work and moving out is the only real alternative, then it’s time to sit down and think about what really matters before heading out to examine new business sites. Financial Reality: Ultimately, the space you can expect to rent depends on how much money you have. Don’t just have a ballpark figure in mind, sit down and really crunch the numbers to set real targets for how much you expect to spend on rent, a security deposit, insurance, business taxes, maintenance, etc. Size: How much space you require may be a major factor in determining where you can even start, so nail down exactly how much space you think you’ll need now and in the foreseeable future. Lease Term: Pay attention to lease terms. Since moving is so time consuming and expensive, seriously consider how long you want to rent a space for. Finding the perfect building for your business wont do you much good if you just have move again in two years. Security: It is obviously important that both your employees and customers feel safe while at your business, so always look into the crime reports of any area you are considering moving your business to. Security also impacts accessibility and appearance – in higher crime areas you may have an obligation to puts bars on windows, post security guards and implement more extensive security systems. Business Needs: Prospective tenants usually have a vision in their head of what they want, but often haven’t taken the time to really sit down and break down what is a need, what is a want, and what is simply unacceptable. Take the time to write down these three categories and fill them in with as much detail as you can. For example, maybe you need a certain amount of square footage, want a building constructed in the past 20 years, and would find it unacceptable to rent a building without modern air conditioning. Expandable: As important as size is, its difficult to determine what your future needs might be, so take into account whether a space is expandable into nearby offices or not. Ultimately, you’re in business to be successful, so you should probably plan on needing to expand in the future and save yourself the headache of having to move all over again. Neighbors: Who your neighbors are matters a great deal to some businesses, with some businesses acting as anchors for an area, so think about other businesses that you would normally expect to see near your own. This not only creates potential ties with nearby businesses, but it is helpful to customers to find a group of related businesses in an area. Accessibility: Consider all aspects of accessibility, from parking and wheelchair access to the proximity of nearby highways. as Also examine how accessible your business is to large trucks and its location in relation to any freight or distribution centers. Physical Appearance: For some businesses, physical appearance is extremely important and for others, almost irrelevant. Figure out what kind of business you are running. If you are a retailer then appearance may trump other factors, whereas if you are a supplier or middleman, a simple industrial site may make more sense. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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
via Michael Anderson https://www.ascentlawfirm.com/renting-business-space/ Once you know you want to seek professional tax advice, you’ll next have to consider whether to approach a tax attorney or an accountant about IRS Tax Law. Answering this question will likely depend on what type of assistance you need. Of course, there’s no prohibition against speaking with both a tax lawyer and an accountant. In some cases, you’ll find both in one as many tax lawyers are also certified public accountants. Below are some things to keep in mind as you decide who to contact for tax questions. Knowledgeable accountants and tax attorneys will be able to provide tax advice and planning strategies to individuals and businesses. The U.S. Tax court allows attorneys and certain non-attorneys, including qualified accountants, to represent clients in cases. The differences. The training of attorneys, which includes an emphasis on studying case law, legal writing and research, may equip attorneys with an edge on specialized tax litigation and appeals and issues related to liability. The training of accountants in financial planning, and tax regulations and codes may give them an edge in financial strategy. If, on the balance, your questions are more complex, involve possible litigation or liability issues, and/or involve multiple parties or organizations, you would probably be best served by contacting an attorney. This is especially true if you find yourself in the position of receiving and responding to tax claims or audits against you, your family, or your business. Knowing who to contact with tax questions is the first step. However, it’s just as important to know what questions to ask when you meet with a tax professional. You can find out more about U.S. tax law and procedures to help you by contacting Ascent Law. As you are figuring out how to address your tax issues, you should always be armed with the most updated legal information and how the law can impact your specific situation. A local tax attorney can answer your questions about tax laws or would like information legal advice about your specific situation. Tax Lawyer Free ConsultationIf you are here, you probably have a tax law issue you need help with, call Ascent Law for your free tax law 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 via Michael Anderson https://www.ascentlawfirm.com/tax-questions/ Business takes place in a highly competitive, volatile environment, so it is important to understand the competition. Sometimes companies compete by offering a unique product or service. However, other times, it’s not the actual product or service that creates competition, but rather the way in which it is sold. For example, people have been buying music recordings for much of the last century. But ever since music became available on the Internet (whether streaming or downloads), companies have been competing to find the best way to deliver what is essentially a commodity. If you can solve a problem or provide a radically new experience for customers, you have a better shot at competing. The process of identifying and researching your business competitors is called a competitive analysis, which this article discusses in more detail. Why You Need This is BusinessThe competitive analysis has several different moving parts, so take your time. The following questions will help you get started: Who are your five nearest direct competitors? Is their business growing, steady, or declining? How does their product or service differ from yours? What are their strengths and weaknesses? Who are your indirect competitors? What can you learn from their operations or from their advertising? How To Analyse the CompetitionNames of competitors – List all of your current competitors and research any that might enter the market during the next year. Summary of each competitor’s products – This should include location, quality, advertising, staff, distribution methods, promotional strategies, customer service, etc. Competitors’ strengths and weaknesses – List their strengths and weaknesses from the customer’s viewpoint. State how you will capitalize on their weaknesses and meet the challenges represented by their strengths. Competitors’ strategies and objectives – This information might be easily obtained by getting a copy of their annual report. It might take analysis of many information sources to understand competitors’ strategies and objectives. Strength of the market – Is the market for your product growing sufficiently so there are enough customers for all market players? Some Ideas For YouInternet – The internet is a powerful tool for finding information on a variety of topics. Personal visits – If possible, visit your competitors’ locations. Observe how employees interact with customers. What do their premises look like? How are their products displayed and priced? Talk to customers – Your sales staff is in regular contact with customers and prospects, as is your competition. Learn what your customers and prospects are saying about your competitors. Competitors’ ads – Analyze competitors’ ads to learn about their target audience, market position, product features, and benefits, prices, etc. Speeches or presentations – Attend speeches or presentations made by representatives of your competitors. Trade show displays – View your competitor’s display from a potential customer’s point of view. What does their display say about the company? Observing which specific trade shows or industry events competitors attend provides information on their marketing strategy and target market. Written sources – General business publications; marketing and advertising publications; local newspapers and business journals; industry and trade association publications; industry research and surveys; computer databases (available at many public libraries). Strategic Business Lawyer Free ConsultationWhen you need legal help in 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
via Michael Anderson https://www.ascentlawfirm.com/competitive-analysis/ Copyright does not protect work in the public domain. Anyone can use a public domain work without obtaining permission, but no one can ever own it. Simply put, the public owns work in the public domain and it is available to anyone without permission from its creator. Work enters the public domain when copyright expires, when the copyright holder fails to renew it, when it was unprotected in the first place, and when dedicated to the public domain by the owner. How Long Does Copyright Protection Last?
Any work made for hire and anonymous and pseudonymous works: 95 years from the publication date or 120 years from creation, whichever expires first. Work in the Public Domain Due to Copyright Expiration
Work in the Public Domain for Failure to Comply with Copyright Formalities
Sound Recordings Due to Copyright Expiration
Work in the Public Domain Due to Failure to Renew
Work in the Public Domain Due to Unprotected Status
Work created by an employee or official of the U.S. government
Is Copyright Notice Required? Under current copyright law, automatic copyright protection applies to original works in tangible form. Earlier works published prior to March 1, 1989 were required to display copyright notice to receive protection. A valid copyright notice contained the copyright symbol © or the word “Copyright,” the year of publication, and the name of the owner. Be aware, however, that even if a pre-1989 work fails to include copyright notice, it may still receive copyright protection if an exception to the rule applies. Work Given to the Public Domain by the Owner An author may choose to give a protected work to the public. A work that expressly states the author’s intention to donate the work to the public domain for anyone to use is an unprotected work. How to Search Copyright Records There are several ways to conduct a copyright search, including:
Free Consultation with an IP LawyerWhen you need help with an Intellectual Property case, like public domain issues, please call Ascent Law for your free law 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
Durable Financial Power of Attorney via Michael Anderson https://www.ascentlawfirm.com/when-is-something-in-the-public-domain/ In all 50 states and the Utah, parents that are divorced (or separated if they were never married) have an ongoing legal obligation to support their children. Sadly, too many kids grow up without the financial support they need when parents fail to pay court-ordered child support. Now more than ever, it’s becoming harder for deadbeat parents to skip out on child support. Strict laws have been enacted to establish and enforce child support orders. And federal, state and local agencies have powerful child-support collection tools at their disposal. Child Support ObligationsYou must first get a court order to establish child support – there are several ways to do this. First, you and your child’s other parent can agree on an appropriate amount (usually set by your state’s guidelines) for support. A judge must approve your agreement and turn it into an official court order. If you and your child’s other parent can’t agree, you’ll have to ask a Judge or local agency to set the amount. You can hire an experienced attorney in your area to file a request for a child support order. Enforcing Child Support OrdersOnce established, a child support order must be obeyed. If not, custodial parents may ask an attorney or the Office of Recovery Services (ORS) for help. A delinquent parent may be subject to any, or all, of the following enforcement tools: Wage Deductions – the custodial parent, his or her attorney, or ORS can request an income withholding order or wage assignment. With a wage deduction, child support is taken directly out of the non-custodial (paying) parent’s wages. Federal Income Tax Intercepts – the state can intercept a large tax refund to cover late or missing child support payments. License Suspensions and Revocations – a delinquent parent’s driver’s license(s) and/or professional license(s) may be revoked. Passport Restrictions – a parent that fails to pay child support may be prevented from renewing his or her passport (and therefore prevented from leaving the country). Contempt of Court – this is a legal order that may result in a fine or jail time for the parent who failed to make court-ordered support payments. However, the custodial parent (or his or her attorney) must go to court to obtain this order from a judge. The government can intervene in child-support cases where the non-custodial (paying) parent lives in a state other than where the child lives. It really depends whether or not you can get the federal or state government to help. It’s the old saying, the squeaky wheel gets the grease. If the debtor refuses to pay child support for over 1 year; where the amount owing is more than $5000, or where the non-custodial parent travels to another state or country to avoid paying child support. Then a prosecution can happen. The punishment include fines and up to 6 months in prison (or both) for a first offense. For a second offense, or where child support hasn’t been paid for more than 2 years, or the amount owing is more than $10,000, the punishment is a fine of up to $250,000 or 2 years in prison, or both. Free Consultation with Child Support LawyerIf you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will 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 49 reviews
via Michael Anderson https://www.ascentlawfirm.com/how-to-enforce-child-support/ The IRS statute of limitations on action for back taxes depends on a few factors. The primary factor is whether a tax return was filed or not. The next question is how accurate (or inaccurate) the return was. Filed Tax ReturnsGenerally, the statute of limitations for the IRS to assess taxes on a taxpayer expires three (3) years from the due date of the return or the date on which it was filed, whichever is later. A return is considered to be filed on the due date of the return if it was filed on or before its due date. An assessment occurs when an IRS officer signs a certificate of assessment stating the amount owed by the taxpayer. Additionally, the IRS statute of limitations gets extended for an even longer time when there is a substantial omission (more than 25 percent) of gross income on the return. In these circumstances, the time limit for the IRS to make its assessment gets stretched out to six (6) years from the date the return is filed or deemed filed, whichever is later. The IRS statute of limitations period for collection of taxes — the IRS filing suit against the taxpayer to collect previously assessed taxes — is generally ten (10) years. Thus, once an assessment occurs, the IRS has 10 years to pursue legal action and collect on tax debt using the considerable resources at its disposal, which include levies and wage garnishments. False, Fraudulent, or Un-filed Tax ReturnsIt is also important to note that no deadline applies where the IRS can establish that a taxpayer has: 1) filed a false or fraudulent return; 2) willfully attempted to evade tax; or 3) failed to file a return. Unlike the circumstances above where tax returns are filed (even with errors), these are cases in which a taxpayer is willfully or intentionally not filing taxes or is filing fraudulent return(s). Not only will there be no time limit on IRS action against such taxpayers, but heightened interest fees and penalties will apply.Worse yet, tax fraud and evasion are criminal violations and offenders face the prospect of fines and jail time if the government seeks to prosecute them for the offenses. Nevertheless, every year thousands of individuals fail to pay their taxes, but the IRS usually prefers to resolve tax problems outside of the judicial system in most cases. Coming forward voluntarily and cooperating with the IRS to determine any taxes that are due and establishing a payment plan is sometimes a good way of both avoiding criminal liability and getting back in the relative good graces of the IRS. Free Consultation with a Tax AttorneyIf you are here, you may need legal help with tax matters. If so, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/statute-of-limitations-on-back-taxes/ Paying taxes, while a civic duty, isn’t always an enjoyable experience, mostly because of the complicated paperwork involved. However, that stack of papers could unlock considerable tax savings, with the proper planning and strategies. Here’s an introduction to some basic strategies that could help lower your taxes. Some income is not subject to income tax. By earning more tax-free income, a taxpayer can lower their tax liability. You could do this by selling a primary home, investing in bonds, depositing money in a tuition plan for your child’s education, opening a health savings account, and taking advantage of certain employer benefits like health/life insurance, disability insurance, dependent care assistance, and educational assistance. Contributions to a 401k retirement account can help lower your taxes by reducing taxable income. The pre-tax money is deposited directly into the 401k account and the growth is tax deferred. Another easy way to lower your taxes is to pay into a tax-free health flexible spending account. Contributions made to a flexible spending account are not subject to employment or federal income taxes. If the employer participates, an employee can voluntarily elect to contribute a certain amount of money into the account at the beginning of the year. During the year the employee participates, the employer will periodically deduct a payment for the elected amount from the employee’s paycheck, but the employee can receive the maximum reimbursement at any time. Tax deductions reduce taxable income. The amount saved in taxes depends on the taxpayer’s tax rate. A taxpayer can either take a standard deduction or can take itemized deductions for medical and dental costs, mortgage points, mortgage interest, property taxes, state income taxes, charitable contributions, and business expenses, among others. Reduce Your Tax RateBecause federal income tax rates vary, it’s possible to lower your taxes by reducing your tax rate. Tax rates range from 5% to 35%. The IRS assesses tax on income earned from work at an ordinary income rate of up to 35%. In contrast, a lower tax rate applies to income earned on stocks, bonds, mutual funds, and real estate investments. The rate depends on the taxpayer’s tax bracket and the holding period for the investment. Shifting income to a child in a lower tax bracket can reduce your income taxes. This is also referred to as splitting income. Shifting income accomplishes two goals: it reduces tax liability and decreases a taxpayer’s adjusted gross income. As opposed to a tax deduction, a tax credit can lower your taxes dollar for dollar. A tax credit will reduce the amount of taxes you must pay. The government uses tax credits to encourage taxpayers to engage in certain activities or to grant tax relief. The IRS gives the following types of credits: earned income credit, first-time homebuyer credit, child and dependent care credit, adoption credit, education credit, and retirement savings contributions credit. The IRS adds new tax credits every year. Donating to a charitable organization can also lower your taxes. The IRS allows taxpayers to make itemized deductions on their tax return for gifts made to qualified charitable organizations. A taxpayer can deduct donations of money, stock, or noncash contributions and, in some cases, out-of-pocket expenses like transportation costs. If you itemize deductions, deducting medical expenses can lower your taxes. The IRS defines medical expenses as costs incurred for diagnosis, treatment, cure, mitigation, or the prevention of a disease. The taxpayer can deduct medical and dental expenses that exceed 7.5% of their adjusted gross income. Qualified expenses include those for yourself, a spouse, or dependents. Regardless of when the taxpayer incurs the medical costs, the expenses are eligible for deduction in the year paid. A taxpayer can reduce tax liability by benefiting from losses sustained on an investment. To qualify for the deduction, the taxpayer must have taxable gains and losses. The IRS allows taxpayers to use a loss to offset capital gains. If the loss exceeds gains, the taxpayer can deduct the loss against ordinary income. It is permissible to carry over a loss to later years if it exceeds the limit. Free Consultation with a Tax LawyerWhen you need tax help, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/how-to-lower-your-taxes/ A wage garnishment is any legal or equitable procedure through which some portion of a person’s earnings is required to be withheld by an employer for the payment of a debt. Most garnishments are made by court order. Other types of legal or equitable procedures for garnishment include IRS or state tax collection agency levies for unpaid taxes and federal agency administrative garnishments for non-tax debts owed the federal government. Wage garnishments do not include voluntary wage assignments — that is, situations in which employees voluntarily agree that their employers may turn over some specified amount of their earnings to a creditor or creditors. Which federal law regulates wage garnishment? Title III of the Consumer Credit Protection Act limits the amount of an employee’s earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. Title III is administered by the Wage and Hour Division of the U.S. Department of Labor’s Employment Standards Administration. The Wage and Hour Division has no other authority with regard to garnishments. Questions over issues other than the amount being garnished or termination should be referred to the court or agency initiating the withholding action. For example, questions regarding the priority given to certain garnishments over others are not matters covered by Title III and may be referred to the court or agency initiating the garnishment action. To whom does the law apply? The law protects everyone receiving personal earnings, i.e., wages, salaries, commissions, bonuses, or other income — including earnings from a pension or retirement program. Tips are generally not considered earnings for the purposes of the wage garnishment law. The law applies in all 50 states, the District of Columbia, and all U.S. territories and possessions. What is the protection against discharge when wages are garnished? The CCPA prohibits an employer from firing an employee whose earnings are subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect that debt, because of the single garnishment. The Act does not prohibit discharge because an employee’s earnings are separately garnished for two or more debts. What are the restrictions on wage garnishment? The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which the amount is left after legally required deductions are made. Examples of such deductions include federal, state, and local taxes, the employee’s share of State Unemployment Insurance and Social Security. It also includes withholdings for employee retirement systems required by law. Deductions not required by law — such as those for voluntary wage assignments, union dues, health and life insurance, contributions to charitable causes, purchases of savings bonds, retirement plan contributions (except those required by law) and payments to employers for payroll advances or purchases of merchandise — usually may not be subtracted from gross earnings when calculating disposable earnings under the CCPA. The law sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee’s disposable earnings, or the amount by which an employee’s disposable earnings are greater than 30 times the federal minimum wage (currently $7.25 an hour). For illustration, if the pay period is weekly and disposable earnings are $217.50 ($7.25 30) or less, there can be no garnishment. If disposable earnings are more than $217.50 but less than $290.00 ($7.25 40), the amount above $217.50 can be garnished. A maximum of 25 percent can be garnished, if disposable income earnings are $290.00 or more. When pay periods cover more than one week, multiples of the weekly restrictions must be used to calculate the maximum amounts that may be garnished. The table and examples at the end of this fact sheet illustrate these amounts. What about child support and alimony? Specific restrictions apply to court orders for child support or alimony. The garnishment law allows up to 50 percent of a worker’s disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60 percent if the worker is not. An additional 5 percent may be garnished for support payments more than 12 weeks in arrears. Are there any exceptions to the law? The wage garnishment law specifies that the garnishment restrictions do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes. If a state wage garnishment law differs from the CCPA, the law resulting in the smaller garnishment must be observed. What about non-tax debts owed federal agencies? The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed the U.S. government. The Higher Education Act authorizes the Department of Education’s guaranty agencies to garnish up to 10% of disposable earnings to repay defaulted federal student loans. Such withholding is also subject to the provisions of the federal wage garnishment law, but not state garnishment laws. Unless the total of all garnishments exceeds 25% of disposable earnings, questions regarding such garnishments should be referred to the agency initiating the withholding action. Bankruptcy Lawyer Free ConsultationIf you have a wage garishment question, or need legal help, please call Ascent Law now at (801) 676-5506 for your free consultation. 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
via Michael Anderson https://www.ascentlawfirm.com/wage-garnishment/ Domestic partnerships were created in the 1980s after a struggle for legal recognition of same-sex couples by gay rights activists. Now that state same-sex marriage bans have been declared unconstitutional (Obergefell v. Hodges), domestic partnerships are much less sought after. However, cohabitating partners who don’t want to get married may consider it as a way to obtain certain benefits. The benefits available to a domestic partner are very similar to those available to a married spouse, but often differ in a few key areas. And in the wake of Obergefell, which opens up marriage to same-sex couples at the federal level, many employers have discontinued benefits for domestic partners (typically with a grace period to allow for other arrangements). What Is a Domestic Partnership? Domestic partnerships are designed to give each partner in the partnership many of the same benefits, economic and noneconomic, as married couples. Some states call domestic partnerships civil unions, but the overall design is similar. While domestic partnerships were originally created to accommodate same-sex couples, opposite-sex couples may register as domestic partners as well. The benefits afforded to domestic partners differ greatly between states. The benefits granted to domestic partnerships to make them comparable to married couples will often include:
Issues in Creating Domestic Partner Benefits Several important issues must be determined by the state, local or public entity that wishes to provide domestic partnerships including:
Domestic Partnerships and Marriage Many people consider domestic partnerships to be the exact equivalent of marriage in terms of rights and benefits, but this is not the case. One of the primary reasons for this is because marriage is defined on a state by state basis. Even if a state affords domestic partnerships the exact same rights and benefits it grants to married couples in that state, a domestic partnership still loses out on the many rights and benefits that a married couple can receive from the federal government (although married same-sex couples now have access to these same rights and benefits). Typical examples of this include federal tax treatment as well as eligibility for many federally run benefit programs. Domestic Partnerships and Your State Keeping track of which states, municipalities, companies and organizations offer domestic partner benefits can be extremely difficult. The state of such partnerships is far from established, particularly after the Supreme Court’s Obergefell decision. Fortunately, there are a number of websites that can help you determine the domestic partnership benefits available to you where you live. These websites include the Lambda Defense and Education, the Human Rights Campaign website, and the Alternatives to Marriage website. Free Consultation with a Family LawyerIf you need legal help with a domestic partnership in Utah, please call Ascent Law at (801) 676-5506. We will 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
You Should Have an Estate Plan via Michael Anderson https://www.ascentlawfirm.com/domestic-partner/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |