Our San Francisco business attorneys are skilled estate planning lawyers, real estate lawyers, knowledgeable tax attorneys and pioneers in the critical area of “dysfunctional family” dispute resolution.

California LLC Tax and Franchise Fee

California LLC Tax and Franchise Fee

I fielded a series of California LLC questions yesterday that I am sure come up quite frequently for people beginning new ventures and selecting an appropriate California entity for that venture. How is the California Franchise Tax Calculated? California LLCs are subject to a $800 annual tax. The annual tax...
California Probate - How Much Does It Cost?

California Probate – How Much Does It Cost?

Basic Court Fees Let’s get the boring things out of the way first. For the most straight forward probate, there largest filing fees are incurred at the beginning and end of the process. The 2012 fee charged to file a probate petition is $410. There will be a $395 filing...
IRS Offshore Voluntary Disclosure Program Reopens for 2012

IRS Offshore Voluntary Disclosure Program Reopens for 2012

I’d have to reach to really tie this photo from NASA of glacial ice calving offshore into the IRS’s “offshore” disclosure program.  Posts are more interesting with photos included, so let’s avoid the awkward analogy and move on to the program! It looks like the IRS found success with its 2009 and...
McDermott's "Sensible Estate Tax Act of 2011"

McDermott’s “Sensible Estate Tax Act of 2011″

  McDermott Bill: “Making the Estate Tax Fair and Equitable Again” For Immediate Release: November 17, 2011 WASHINGTON, DC – Today, Congressman Jim McDermott (D-WA), a senior member of the House Ways and Means Committee, introduced the “Sensible Estate Tax Act of 2011” to restore fairness to the estate tax. It...
Last Chance to Apply for Tax Amnesty Program - Oct. 31, 2011

Last Chance to Apply for Tax Amnesty Program – Oct. 31, 2011

There is still time to participate in VCI 2, but you need to act now!  It takes time to assemble the disclosure package so please do not wait until you’re donning your Halloween outfit to get started. Franchise Tax Board News Release Last Chance to Apply for Tax Amnesty Program...
The IRS Is Interested in Google's Offshore Profits

The IRS Is Interested in Google’s Offshore Profits

Moving your business offshore to avoid US tax exposure is an option, but doing so comes with significant risks, including increased scrutiny by the IRS. IRS Auditing How Google Shifted Profits By Jesse Drucker  The U.S. Internal Revenue Service is auditing how Google Inc. (GOOG)avoided federal income taxes by shifting profit into offshore subsidiaries, according...
IRS Announces Voluntary Worker Classification Settlement Program ("VCSP")

IRS Announces Voluntary Worker Classification Settlement Program (“VCSP”)

Past Payroll Tax Relief Provided to Employers Who Reclassify Their Workers The Internal Revenue Service launched a new program on September 21, 2011 giving many employers an affordable option to resolve past and present worker classification issues by voluntarily reclassifying their independent contractor or nonemployee workers as employees.  The Vountary Classification Settlement...
IRS Changes Deadline to Seek Innocent Spouse Relief

IRS Changes Deadline to Seek Innocent Spouse Relief

When a married couple elects their filing status for federal tax purposes, they may only have in mind which option saves them the most.  Unbeknownst to many unwitting couples, however, is that, when filing jointly, each spouse also assumes liability for the total tax bill. By way of example… Say,...
What is a GRAT?

What is a GRAT?

What is a Grantor Retained Annuity Trust? Grantor retained annuity trusts or GRATS can, given the right circumstances, be an excellent way to pass wealth to future generations.  The rules for GRATS are uncomplicated and are found at section 2702 of the Internal Revenue Code.  The person creating the GRAT...
Latest entries

IRS 2011 Offshore Voluntary Disclosure Initiative – Cost of Disclosure vs. Non-Disclosure

Are you Feeling Lucky? You may be on the fence as to whether you want to raise your hand and tell the IRS you’ve been moving money around overseas for the past 20 years.  You may also be considering rolling the dice and betting that you won’t be caught.  Of course, one risk you’re running...
The August 31 Deadline Is Fast Approaching for the Second Special Voluntary Disclosure Initiative of Offshore Accounts

The August 31 Deadline Is Fast Approaching for the Second Special Voluntary Disclosure Initiative of Offshore Accounts

  Time is running out to avoid some major penalties and potential criminal liability.  We’ve discussed this program in our posts here and here.  We’re getting more and more phone calls of people trying to get in before this opportunity ends.  There has been no indication from the IRS that there will be a third disclosure initiative....

New Opportunity for California Taxpayers Who Avoided Tax Bills

In concert with the IRS’ Voluntary Disclosure Program discussed here and here, California is also keenly interested in offering some amnesty to taxpayers who “avoided tax bills” if it mean capturing further state tax revenue.  However, the program starts today and the deadline of October 31, 2011 to participate in California’s  Voluntary Compliance Initiative is quickly approaching.  The benefit of avoiding...
San Francisco Court Update: Source Indicates All Commissioners and 100 Clerks to be Laid Off

San Francisco Court Update: Source Indicates All Commissioners and 100 Clerks to be Laid Off

Massive layoffs face the San Francisco Superior Court and it appears Clerks and Commissioners will be hit very hard.  I first related Ari Burack’s article on the Dire situation forecast for San Francisco Superior Court here.  I then passed on the Court’s press release on this matter here. In what is becoming an unexpected series on this...

Short Sales and Deficiency Judgments Under the New Rules in California

On July 11, 2011, the governor signed a new law that prohibits second and third mortgage holders from pursuing deficiency judgments after they have agreed to a short sale.  This amends California Code of Civil Procedure Section 580e which prohibited the same practice by holders of first mortgages. Deficiency Judgments If a lender forecloses on...

The Draconian – Why Do Taxes Matter

My step-brother Jeff Jones, of Jones & Company and the affiliated Draco Capital Management, publishes a newsletter called The Draconian.  I am a fan of his work and I encourage you to check it out. Today he posted an insightful article, Why Do Taxes Matter, focusing on our current economic direction.  What I like most about this...
“The civil justice system in San Francisco is collapsing”

“The civil justice system in San Francisco is collapsing”

SEE UPDATE AUGUST 31, 2011 HERE SEE UPDATE JULY 26, 2011 HERE As a follow up to my recent blog regarding the crisis facing our courts, check out today’s press release confirming the impact of state budget cuts on San Francisco’s courts and employees. http://www.sfbar.org/forms/court-press/court-cuts-071811.pdf NEWS RELEASE Superior Court of California COUNTY OF SAN FRANCISCO...
Dire Situation Forecast for San Francisco Superior Court

Dire Situation Forecast for San Francisco Superior Court

As if moving through the courts wasn’t slow enough already, it looks like things will be getting worse.  Clients beware, practitioners be warned.  See the article by Ari Burack in the Examiner: Update – See my post on the Court’s July 18, 2011 press release here. Massive layoffs and courtroom closures in San Francisco Superior Court are expected...

Can You Benefit From a Trust Protector?

What is a Trust Protector? A trust protector is a person who has the authority to direct the actions of the trustee or trustees of an irrevocable trust.  A trustee generally has broad sweeping authority to invest funds and distribute income and principal.  In contrast, trust protector has limited authority to give instructions to the...

How Do I Know If I Have a Passive Activity Loss?

What is a Loss From a Passive Activity Many people think that owning rental property is one of the best ways to hold an appreciating asset while generating losses for tax purposes.  This is true in some circumstances, but many investors are in for a rude shock after they purchase the property and attempt to...

Tax Issues, Impasse in Debt Reduction, Rubes!

Tax issue leads to impasse in debt reduction talks I thought this was an interesting brief overview of the hurdles and hoops that are being negotiated by our representatives during these times of potential national default.  Our economy is an interconnected system of weights and pulleys, maps and legends, that increasingly resembles a cacophonous Rube Goldberg machine...