Sampling Music

Sampling Music

Sampling music is the act of reusing a portion of another sound recording. Whether unique percussion combinations or distinguishable guitar riffs, many musicians sample other’s music. Even though many peole know that I am an MLM Lawyer, I also enjoy helping people with music and producing music. Without obtaining permission from the original musician or owner of the rights to the music, many of these musicians face legal trouble, such as injunctions to not use the sample or even money damages. Obtaining permission for music sampling can be tedious, but will save you from legal action you could face if you sample without permission. Here are some tips to obtain permission before sampling music.

Sample Clearance

“Sample clearance” refers to the process of getting permission from the owners of the copyrighted music. Sampling music requires two sample clearances:
• Clearance from the copyright owner of the SONG — typically the music publisher
• Clearance from the copyright owner of the MASTER RECORDING — typically the recording company

Find the Publisher

In order to get these sample clearances, you will first need to find the copyright owners of the song and master recording. The music publisher is typically the easiest to find; so, start there. Performing rights organizations, like Broadcast Music Incorporated (BMI) or the American Society of Composers, Authors, and Publishers (ASCAP), collect money for public performances of artists’ music. Therefore, these organizations are a good place to locate the publisher.

Once you’re on these websites, use the search database to find the source song of the music you are sampling. If you are unable to find the song on the websites, try calling the individual organizations and ask for the song indexing department. Then, once you have the source, contact that source to ask for clearance for sampling the source music. Keep in mind that some publishers have policies against granting sampling permission.
A lot of publishers refuse to grant sampling clearance to artists that they’ve never heard of or do not know. If you can offer to pay them upfront and show your ability to pay, they may be more inclined to speak to you.

Find the Owner

After you have obtained sample clearance from the music publisher, you must obtain sample clearance from the owner of the master recording. Here are some tips to help you find that owner:
• Ask the publisher
• Ask the record company that releases the source music. You can check online record stores or the Phonolog directory at local record stores.

Finding the master recording owner can be difficult. Once you think you’re on the right track, you may find that the record company sold their copyright to someone else, or that the rights to the song have reverted back to the original artist. There are sampling consultants that you can pay to help you through the sample clearance process, should you have trouble. Although experienced sampling consultants can be expensive, in the end, they can save you time and money. These consultants are familiar with the procedures, costs, and the people at the publishing companies who grant license rights. It is important to plan ahead and leave yourself alternatives in case your sample clearance is rejected. Obtaining permission for sampling can be a very long process, taking months or more. Don’t forget that a lot of copyright owners have a no-sampling policy. If the music you were planning on sampling has a no-sampling policy, there will be no way to get permission to sample. It is wise to plan ahead and have alternatives in mind, in case your clearance is denied and you can’t use it.

Recreate the Music Sample

Many artists re-record the music they want to use, instead of using the pre-recorded master. This means that the artist actually plays and records the music to sound exactly like the original one they want to sample. According to copyright law, infringement only occurs when the original master recording is used, but not when the sound is mimicked and re-recorded. This is a great solution if you cannot obtain sample clearance from the owner of the master recording. You still need permission from the music publisher, because the song itself is copyrighted. However, you do not need clearance from the owner of the master recording.

Some copyright owners want their music to be sampled; so, they encourage music sampling. These are good samples to find and use, since the process will be less tedious and surely fruitful.

If the artist still has some control over what sampling is cleared, you may have better luck contacting the artist directly. This is especially true when the copyright owners of the master recording and the publisher are not helpful.

Free Consultation with a Utah Trademark Lawyer

If you are here, you probably have a trademark issue you need help with, call Ascent Law for your free intellectual property law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/sampling-music/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/17/sampling-music/

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Tax Filing Status

Tax Filing Status

The first step in filing your taxes is determining your tax filing status. Generally, your marital status on the last day of the year determines your status for the entire year. If you’re unmarried, or legally separated from your spouse under a divorce or separate maintenance decree and you don’t qualify for another status, your filing status is single.

However, your status isn’t just limited to whether you’re married. After all, the IRS allows the following five statuses:
1. Single
2. Married filing jointly
3. Married filing separately
4. Qualifying widow(er) with dependent child
5. Head of household
Depending on which status you qualify for, you could be eligible for certain deductions and credits to reduce your tax exposure. Below is an overview of information to help in determining your tax filing status.

Marriage Filing Status

If you’re married by the last day of the year, you and your spouse may file joint or separate returns. However, if you’re legally separated from your spouse on the last day of the year, even though married for the rest of the year, you’re still considered single for tax purposes.

If you experienced the unfortunate death of your spouse in the current tax year, you can still file a joint return with that spouse, so long as you haven’t remarried before the end of the year. However, the current year would be the last year for which you may file a joint return with that spouse.

When it comes to determining your marriage status, the IRS relies on the laws of your state governing marriage and separation or divorce.

Do You Have a Dependent Child?

If your spouse died during the previous two years, you may be able to file as a qualifying widow or widower. To do this, you must meet all four of the following requirements:
1. You were entitled to file a joint return with your spouse in the year he or she died (it doesn’t matter whether you actually filed a joint return);
2. You didn’t remarry before the end of the current tax year;
3. You have a child, stepchild, adopted child, or foster child for whom you can claim a dependency exemption; and
4. You paid more than half the cost of keeping up a home that was the main home for you and that child, for the whole year.

More detailed information on each filing status can be found in IRS Publication 501, Exemptions, Standard Deduction, and Filing Information.

To qualify for head of household status, you typically must be unmarried and not entitled to file as a qualifying widow or widower with a dependent child. You must also have provided more than half the cost of maintaining your home as the main household for a qualifying person.

You may also qualify for head of household status if you, though married, file a separate return, your spouse has not lived in your home during the last six months of the tax year, and you provided more than half the cost of maintaining your home as the main household for a qualifying child for more than one half of the tax year.

Free Consultation with a Tax Lawyer

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/tax-filing-status/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/17/tax-filing-status/

Fraudulent Prenuptial Agreement

Fraudulent Prenuptial Agreement

In an uncommon ruling, the Supreme Court of the State of Utah affirmed a lower court ruling to set aside a prenuptial agreement entered into between a couple not living in Utah. The ruling allowed the plaintiff to pursue divorce relief without the stipulated protections offered by the prenuptial agreement.

For many reasons, a prenuptial agreement is a good idea. Our firm provides guidance and experienced legal support drafting tight but fair prenuptial agreements for clients. Prenuptial agreements identify assets considered separate property and provide structure for future discussion if the marriage relationship breaks down. Such agreements address other points as well, including: (1) Identification of debt, alimony and tax liabilities; (2) Protection of your business assets; (3) protection and preservation of assets for children of a previous marriage; and (4) agreed upon care for parents or other dependents.

In the case of Petrakis v Petrakis, Peter Petrakis presented his bride-to-be with a prenuptial agreement six weeks prior to their wedding in 1998. The agreement stated Mr. Petrakis would retain all assets acquired during the marriage. Ms. Petrakis would be paid $25,000 for each year they were married.

Until four days before the wedding Ms. Petrakis refused to sign the prenuptial agreement. In the shadow of the altar, Mr. Petrakis reportedly stated he would tear up the agreement if the couple had children, after which the agreement was signed. When the couple had children, Mr. Petrakis reneged on his oral promise to destroy the document.

Now worth approximately $20 million, the Supreme Court ruled Mr. Petrakis fraudulently induced Ms. Petrakis to execute the agreement and ruled in her favor.

The quality of a prenuptial agreement is clear when it is challenged in court. If interested in creating a solid prenuptial agreement, talk to my firm for experienced legal help.

Tell Your Kids The Truth During Divorce

When it comes to approaching the issue of divorce with your children, honesty is always the best policy. Of course, there are some caveats to mention, but you should never feel as though you must lie to your kids about what is happening during the divorce process. In fact, doing so could cause trust issues that will last a long time.

Instead, the following are a few tips that will help you to maintain good, open communication with your children as your divorce proceeds:

• Avoid sharing any inappropriate information: Just because you should be honest with your children does not mean you need to tell them anything inappropriate or that they don’t need to know. They either will not understand what you are telling them or it will cause them to resent you. It’s better to keep the grisly details of your divorce to yourself.

• Make sure your kids know they are not to blame: Your children should know they have no blame at all in the divorce. You can be honest (to an extent) about the reasons why you and your spouse are getting a divorce. Telling them that you “grew apart” or “no longer love each other” is appropriate and may be true, even when there’s lot more to the divorce.

• Avoid venting to your children: Again, honesty is not the same as sharing everything. You should not vent to your children or attempt to use them as your therapist — this is unhealthy and places a burden on them they are not prepared to handle. Save your complaints and your venting for your attorney, your actual therapist or your trusted friends and relatives.

Prenuptial Agreement Lawyer Free Consultation

When you need legal help on a prenuptial agreement, call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/fraudulent-prenuptial-agreement/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/16/fraudulent-prenuptial-agreement/

How to Avoid an Income Tax Audit

How to Avoid an Income Tax Audit

If filing taxes wasn’t tolling enough, taxpayers also face the possibility of an income tax audit by the Internal Revenue Service (IRS). While certain tax returns may be chosen for an audit because they raise red flags, are randomly selected, part of a target group (and thus subject to more scrutiny), , or a combination of the above; that is not true for all cases. In fact, there does not seem to be definitive advice, that if heeded, would guarantee taxpayers that they will not face an income tax audit.

While there’s no guarantee against an IRS audit, there are strategies you can employ to “play the odds” and reduce your chances of receiving the dreaded Notice of Audit. Some are obvious, others less so, but what they all have in common is to be honest about what you put on your tax return and how you submit it and to avoid fraud.

Some common mistakes and red flags which attract IRS attention for an income tax audit include:

Math errors–one of the most common errors is also the easiest to fix. Don’t expect the IRS to reason that the reason you think you don’t owe taxes is because you simply made a math mistake. Double and triple check your figures. Automated tax return programs such as TurboTax are useful in avoiding such errors.

Omitting income–another simple error that points the IRS in your direction. Even omitting a small amount may trigger IRS interest, so be sure to collect all your documentation from stocks, bonds, interest bearing accounts, etc. This is especially true for those making over $100,000–the IRS has been targeting those making over this amount in the past several years.

Claiming false business expenses–people will often use business funds to pay for personal purposes. But if you characterize the use as a business expense, then the IRS may view it as failing to report additional income.
Filing returns as “self employed” (Schedule C filers)–this is a favorite and easy target for the IRS. Because of the ready potential for hiding income by making it look like a business loss, the IRS always has its eyes out for Schedule Cs that show a loss. The IRS knows how tempting and simple it is to make personal expenses look like business expenses on a Schedule C, and pay appropriate attention.

Target groups–the IRS looks for incongruent returns from the self employed, small businesses, and those who make over $100,000. The IRS also targets tax returns that are disproportionate to returns from others with a similar income, location, profession, and/or family size. For example, if you claim a family of six and live in a home in Beverly Hills, but only claim income of $25,000, the IRS will likely investigate the claim.
Talking too much–if you do choose to scam the IRS, you can be caught by anyone willing to tip off the IRS to your illegal act. Whistleblowers can receive a percentage of the additional tax collected based on the tip.
Some of the “red flags” from above, can’t be helped. If you’re a small business, you have to file as a small business. Just be prepared in the event that the IRS does tap you on the shoulder for an income tax audit.
Staying Off the IRS Radar

In addition to avoiding the above mistakes and red flags, wherever possible you should hire a bookkeeper to make sure receivables, credits, and debits are all in order. This is especially true for small businesses.
Additionally, unless you have a very straightforward tax return (i.e., a W-2 and nothing else), you should also consider hiring a tax professional to handle your tax return. Tax preparation software’s has limited effectiveness for anything beyond a W-2.

Another tip is to prepare your taxes on a computer. The IRS favors computer processed returns, and they are clear and easy to read. If you can’t use a computer, print carefully. You might want to make two copies–one a first draft where you can cross things off and make corrections, and a second final draft where you carefully write down your final tabulations. There’s nothing like a sloppily written return to draw attention to your return.
And finally, and obviously, always file your taxes on time. If you owe money and can’t afford the entire payment, at least send a nominal amount so the IRS records the receipt of a payment (the payment also indicates good faith on your part). Filing a tax return extension only extends the deadline to file your taxes, not the deadline to pay them. If you file on time and send at least a small payment, you save 25% on IRS late fees. So do yourself a favor and file and pay at least a portion of what you owe on time.

Notice of an Income Tax Audit

If you do happen to be audited, don’t panic. If you have all your documentation and make the proper calculations, deductions, and write-offs, you’ll be fine and the IRS will end its investigation. An audit is simply the IRS asking you to prove the numbers on your return.

There are three types of income tax audits–correspondence, field, and in-office. A correspondence audit is the most common type and generally the most simple to deal with. It usually involves the IRS taking note of a correction (their gentle word for, “error”) on your return with a notice to either pay more or clarify by providing them with more information. A field audit typically happens for businesses and not individuals and involves a team of IRS auditors going on-site to the business and inspecting their books and documentation. An in-office audit is conducted in the IRS office and requires the business or individual to prove their tax return is true and correct.

For anything other than a correspondence audit, you should consult a tax attorney who can guide you through the process and prepare you for the audit. Of course, you can also retain a professional for a correspondence audit as well, but as stated, they are generally more straightforward. For field and in-office audits, think of the income tax audit as a trial–you always want someone representing you. Get a professional to assist your case.

Tax Lawyer Free Consultation

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/how-to-avoid-an-income-tax-audit/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/16/how-to-avoid-an-income-tax-audit/

Income from Trusts in Divorce

Income from Trusts in Divorce

If you receive income from a trust fund, you probably don’t want to share it with your spouse after your divorce. Fortunately, if you have lived in Utah long enough to file for divorce here, your trust fund is probably safe. However, under limited circumstances, your ex might have a claim to support from your trust fund.

The first question to ask is whether your trust income is property and, if so, whether it’s separate property. If your income comes from a revocable trust, the grantor has the power to change the terms of the trust at any time, including naming a new beneficiary. Therefore, you don’t have a property interest in the trust funds because you have no control over whether you continue to receive income. Similarly, if your trust income is subject to conditions or up to the discretion of a trustee, you have no property interest because you cannot demand payment notwithstanding the trustee’s decision. However, if the trust is irrevocable and you have an enforceable income interest, the court may consider the trust property.
Whether the trust is separate property depends on factors such as when it was created, who funded it, and where the funds came from. For the court to treat the trust as marital property, making it subject to equitable distribution, there would have to be evidence that at least one of the spouses created the trust with marital assets.

Perhaps the only situation you have to worry about in Utah is where you anticipate paying or receiving alimony or paying child support. The court considers your trust income along with your other earnings. If you’re in a position to pay spousal support or child support, you can anticipate paying your ex just a little bit more out of your trust income.

Successfully Negotiate a Divorce Settlement

Divorce can cause a lot of turbulence, both emotionally and financially, in a person’s life. Because of this, it’s important to act with great care during settlement negotiations, being assertive enough to look out for your own interests, but also amicable enough to avoid making the situation more contentious than it needs to be.

The following are a few tips that can help as you go through divorce settlement negotiations:

• Control your emotions. This is easier said than done, of course. Getting angry and shouting might feel great in the moment, but it also severely damages your chances of avoiding litigation, which means more time and expense. Remove anger and hard feelings from your negotiations as much as possible.

• Stay on top of your business. You need to get (and stay) organized, which means collecting relevant paperwork and ensuring you are meeting all of your deadlines. Have all of the information you need in organized files so you can quickly and easily access it when necessary.

• Get help. Simply put, you cannot get through divorce negotiations without the help of a professional. An experienced divorce attorney takes care of the most complicated legal business for you, and also helps you to stay grounded and at ease throughout the process.

• Don’t get greedy. In the vast majority of divorce cases, those involved do not come away with everything they want in the settlement. You must accept this reality if you wish to avoid drawing the process out much longer than it needs to last. Your divorce lawyer can help you set realistic goals and expectations, allowing the process to move forward efficiently.

Divorce Lawyer Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/income-from-trusts-in-divorce/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/15/income-from-trusts-in-divorce/

Limited Liability Company

Limited Liability Company

A
limited liability company (also known as an “LLC”) is a structural
organization that many businesses choose to use as it combines the simplicity
of pass-through taxation with the limited liability that comes with
corporations.

I’ve heard of LLCs, but how exactly does pass-through
taxation work?

The
pass-through taxation works as though the profits and losses of the LLC pass
directly through to the owners of the LLC. Unlike a corporation, an LLC is not
a separate tax entity, meaning that the owners pay the taxes for the LLC.

Are there a minimum number of people needed to form an
LLC?

No,
there are not a minimum number of people needed to form an LLC. If you decide
to form an LLC with yourself as the sole owner, however, you must be careful in
your actions and documentation to keep your LLC from being considered a sole
proprietorship.

Who are LLCs best for?

Organizing
your business as a corporation or an LLC makes sense in two situations.

  • The business is
    engaged in a dangerous activity that makes it more likely to be sued or
    has the potential of racking up large amounts of debt.
  • The owners of a
    business have large amounts of personal assets that they want to shield
    from any potential liability associated with the business.

Are there any businesses that can’t form an LLC?

Businesses
that are engaged in banking, trust and insurance are sometimes prohibited from
forming as an LLC. Additionally, some states disallow certain professionals (architects,
doctors, lawyers, accountants) from coming together to form an LLC.

How do I go about forming an LLC?

In
most states, you will be able to form an LLC by following four (or fewer)
simple steps.

  1. Business Name: Locate a business name that is
    available (not taken by another company) and that conforms to your state’s
    rules regarding names for LLCs. Many state governments will tell you
    whether or not the name you have chosen for your LLC is a valid name under
    the state’s laws
  2. Articles of
    Organization
    : File your
    paperwork, normally called the “Articles of Organization,” and
    pay the fee associated with the filing.
  3. Operating
    Agreement
    : Make the
    operating agreement that will dictate how the LLC will be run. This
    normally lays out all the rights and responsibilities of all LLC members.
  4. Publish a Notice: Some states require that an LLC
    take another step to make the business official, namely that the members
    must publish a notice to the public in a local newspaper of their intent
    to form an LLC.

Do I need an operating agreement?

Although
many states do not require every LLC to be run by an operating agreement, here
are some reasons why having one is a great idea:

  • It will
    establish rules regarding the sharing of profits and losses among the
    owners.
  • It will dictate
    how meetings are held as well as lay out the voting rights of all members.
  • It can help
    ensure that your business’ status as an LLC will be legitimate and more
    respected by a court when considering your limited personal liability.
  • It can possibly
    resolve conflicts between owners before they arise.
  • It avoids the
    default rules that would be imposed by the state absent an operating
    agreement.

How will my LLC be taxed?

Unlike
corporations, LLCs are not considered to be a separate tax entity, meaning that
the taxes pass-through to the owners of the business (like sole proprietorships
and partnerships). The LLC, in general, does not pay income taxes for itself.
However, the owners of the LLC must pay taxes on their share of the profits
from the LLC on their personal tax returns.

LLCs
may elect to be taxed like corporations, meaning that the LLC would pay taxes
on its profits, instead of passing the taxes through to the owners.

What securities laws impact LLCs?

By
definition, a security is an investment in a profit-making enterprise that is
not run or controlled by the investor. Therefore, if you are planning on having
more than one owner (member) in your LLC, then you may have to worry about
securities laws.

If
ownership interests in your business will be considered securities by the SEC,
you must ensure that you qualify for an exemption before you take money from
investors. If you cannot qualify for the exemption, you must register the sale
of the interest in your LLC with the state and the federal SEC.

LLC Attorney Free Consultation

When you need legal help from an LLC attorney, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/limited-liability-company/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/15/limited-liability-company/

Firing an Employee with a Contract

Firing an Employee with a Contract

This is about employment contract law and is set in general terms. You should always speak with a licensed attorney before taking action regarding the firing of an employee if there is a contract.

employment contract, chances are that the contract says something about how the employee can and can’t be fired. Most employment contracts only allow an employee to be fired for “good cause,” which can seriously limit an employer’s ability to deal with a troublesome employee.

If the employee has an express written contract, then staying on the right side of the law is fairly simple — just abide by the terms of the contract. Employment contracts come in many other flavors, however, and knowing whether you’re complying with them or not can be difficult.

Can You Have an Oral Employment Contract?

Yes. Yes you can. Agreements or contracts don’t have to be in writing to be valid under the law. If you promise an employee during the interview that you won’t fire them “unless there’s a good reason”, you’ve probably established an oral employment contract. Even a casual conversation can be the basis for an oral employment contract, which means that employers have to be very careful what they say.

Courts are willing to uphold oral contracts, even ones based on limited conversations. For example (1) During an interview, if an employer promises that the applicant will only be fired if he or she doesn’t do the job well, then an oral employment contract is created. (2) During an evaluation, if a supervisor gives the employee feedback that “we expect you’ll have a long career here if you keep up the good work”, then an oral employment contract is created.

Implied contracts overlap with oral contracts, where a conversation can be the basis for an implied contract. Implied contracts, as their name suggests, aren’t express contracts, but rather come about through implication and suggestion. Does the employee handbook state that once employees have worked at the company for 3 months, they become “permanent” employees? If so, this may create an implied employment contract. What about the employer almost never fires employees unless they simply aren’t doing their job well? An employee relies on this established practice and honestly believes that he’ll only be fired for not doing his job. This may create an implied employment contract.

Implied contracts without some sort of oral promise however, are less likely to be found by a court. As long as you don’t promise your employees job security, it is unlikely a court will find an implied employment contract without some further effort on the employer’s part.

Make Sure You Have Good Cause and You Have It Documented

If an employee does have an employment contract, express, implied, oral or written, then generally you must have “good cause” to fire the employee. Good cause generally means that the reason for firing the employee is based on purely business needs. Here are some of things the may constitute “good cause” –

• Low productivity
• Poor work performance
• General insubordination
• Violating company rules
• Threats of violence
• Illegal acts
• Harassment
• Dishonesty
• Habitual lateness
• Excessive absences
• Endangering coworkers
• Consistently disrupting the workplace

In addition to good cause, employment contracts generally require the employer to act in good faith and deal fairly with the employee. This requirement is generally referred to as the covenant of good faith and fair dealing. To breach this covenant however, an employer generally has to be a pretty bad apple for a court to find a breach of the covenant. Does the employer fire an employee to avoid paying them retirement benefits? Does the employer fire an employee to avoid paying a sales commission? Does the employer fabricate evidence of an employee’s performance to justify firing the employee?

In other words, an employer has to be blatantly dishonest before courts will find a breach to the covenant of good faith and fair dealing.

Employer Lawyer Free Consultation

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/firing-an-employee-with-a-contract/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/14/firing-an-employee-with-a-contract/

Alimony Law

Alimony Law

Under Utah law, the court may award alimony to either spouse. The court will examine the circumstances in the specific case, including who caused the failure of the marriage. This is commonly known as filing a divorce case for grounds of cause – this means something other than irreconcilable differences.

alimony may be granted on a temporary basis as well as a permanent basis after entry of the divorce decree. The longer the marriage, the more likely alimony awarded the breadwinner or Sole Provider for the family.

Utah courts determine alimony on a case-by-case basis by looking at the financial situation of each spouse. The courts generally compare the earning capacities as well as past earnings. Financial declarations are signed and filed with the court along with evidence showing income whether by bank account, tax return or paycheck stubs.

Alimony is also called spousal support or maintenance and it consists of money paid for the support of the other spouse after a couple has divorced and in some cases during divorce proceedings. If you are looking to get a divorce proceeding your attorney needs to file a motion for temporary orders and specific. If you do not do this at the beginning of your divorce case the court commissioner or judge will wonder whether you actually need it or not because you’ve survived without it for a period Of time maybe even years.

the purpose of alimony is to assist the spouse who earns less money and do try to make both spouses standard of living reasonably close to what they enjoyed during the marriage. Alimony may be requested by husband or wife semicolon gender does not play a role in determining alimony.

There are essentially three parts to the test. Part one is one of the spouses needs to show a financial need. The second part is that the other spouse needs to have the ability to fulfill that financial need. The third part is that the court judge or commissioner will order temporary or permanent alimony depending on the needs, length of the marriage, as well as what stage the case is in. There is also case law on this issue.

Once the court settles The spouse’s property rights it will consider a request for alimony. Generally, the court looks to the standard of living enjoyed at the time of Separation to determine appropriate alimony. The court can also look at the situation at the time of trial if there has been a significant change in resources or circumstances since the timer separation such as the loss of a job, for example.

If your marriage was shorter and there are no children, the court could use the standard of living at the beginning. If a spouse is unable to meet the appropriate. Sources, needs, and earning capacity, as well as the pain. The court is not required to order an advantage spouse to pay support if so doing means that they won’t be able to be self-supporting., the court can’t make them more than one standard of living, no matter how much money the paying spouse might be able to pay.

Alimony payments usually last only as long as the number of years to marriage existed. Court will not look at alimony until the parties were married for at least the court order them for shorter or longer time, however, it is typically the length of the marriage that alimony will be awarded. Also, payments automatically terminate when the recipient. Is also a cohabitation provision in the Utah code that allows payments of alimony to terminate when one party cohabitates with another. Where the recipient spouse doesn’t remarry but moves in with a new partner the payor spouse can go to court and get a modification of the divorce decree.

Alimony is a separate issue from child support and marital property distribution and division. Remember the court can consider child support payments and division of marital property when determining whether or not to award alimony.

Alimony Lawyer Free Consultation

If you have a question about alimony law or if you need to take action in a divorce case in Utah to get alimony or stop it,, call Ascent Law at (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/alimony-law/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/14/alimony-law/

Fraud and Identity Theft Law

Fraud and Identity Theft Law

If you are under investigation for identity theft or fraud, it is important to seek legal counsel as soon as possible. If you have guidance before official charges have been filed, you can better protect your rights and fight back against the prosecution. You really do need a criminal lawyer to help you if you’ve been charged or are being investigated. At Ascent Law , we have experience in handing several cases, including white collar crime cases, embezzlement, fraud, and money laundering, among others.

These types of crimes are being investigated more and more, so it is important to be vigilant in your defense. The only way to be confident in your pursuit to avoid prison time, fines and conviction is to secure an aggressive and thorough defense attorney. We can defend against a number of identity theft charges, including (1) Financial identity theft; (2) Medical identity theft; (3) Insurance identity theft; and (4) Social Security identity theft

Criminal Defense Lawyers

Fraud and identity theft charges are often rife with detailed and meticulous paperwork and documentation. In order to defend you against these charges, it is important that your lawyer be knowledgeable about these types of cases, especially if you are facing federal charges.
We take these charges seriously and understand the impact they can have on your life — not only the direct consequences such as fines and jail time, but also the indirect consequences such as background checks for future employment opportunities and your ability to make large purchases after your case is finished, such as buying a house or a car. Get in touch with our office to learn more about the consequences of your investigation or criminal charges.

DUI Hit And Run Attorney

DUI hit and run cases are often very difficult for the prosecution to prove. The problem for the police and the prosecutors is that it is often impossible to know if the driver was under the influence of alcohol at the time of the accident.

Even if a person is intoxicated at their home several hours after an accident, there is no way of knowing when they started to drink unless there are witnesses involved. Frequently, there are no witnesses in these cases, as the other driver is dealing with the shock of an auto accident and unable to assess the condition of the other driver.

In Utah, it is a crime to leave the scene of an accident. One of the many reasons why the state legislature prohibits a driver or passenger from leaving the scene of an accident is that many accidents are caused by drunk drivers. However, many people leave the scene of an auto accident for numerous reasons.

At our firm, we hold prosecutors to their burden of proof. Our duty and loyalty is to our clients. We believe strongly that every person charged with a crime has a right to a vigorous defense. We have a strong record of results in our criminal defense practice because we aggressively defend our clients, thoroughly investigate each case, prepare meticulously for the possibility of trial and are not afraid to take a case to trial when necessary to protect our client’s rights.

Criminal Lawyer Free Consultation

When you need help on a fraud or identity theft case, give our office a call for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/fraud-and-identity-theft-law/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/13/fraud-and-identity-theft-law/

Tax Deduction for Leased Car

Tax Deduction for Leased Car

If you own a business that requires you to travel extensively by automobile, you may choose to lease a car instead of putting wear and tear on your personal ride. But if you lease a new car expressly for business purposes, can you deduct the lease payments for the car from your taxes as a business expense? In most circumstances, yes; but the devil’s in the details. The following article will help you better understand how to claim a car lease deduction for your business.

If you lease a new car for use in your business, you will probably be able to deduct the lease payments from your taxes as a business deduction. However, you need to be careful and keep track of all the miles you spend in the car and whether the miles traveled are for business or personal reasons. For example: if you spend 60 percent of the miles traveled in the car on business, and 40 percent for personal use, you can only deduct 60 percent of the lease payments from your taxes as a business expense.
You may read the above and be thinking this is simple, but the U.S. Tax Code never makes life that simple. This is something that does change from time to time in the tax code, so you should always check with a tax lawyer to make sure this information – when you are reading it – is up to do. Also, if you needed to make a down payment on the car before driving it off the lot, you cannot simply deduct this down payment from your taxes right away. Instead, the deduction for the down payment must be spread over the life of the car. In addition, you may have to reduce the amount of lease payments you claim as business expenses if your car lease is more than the annual limit. You will probably want to hire a tax person to help you prepare your taxes if you are planning on claiming a car lease tax deduction.

As a business, you have two options for how you determine the amount of your car lease tax deduction: either by calculating actual expenses or by using the standard mileage rate. For instance, the rate for the 2016 tax year is 54 cents per mile. But if you choose this route, you must use it for the entire length of the lease period, including renewals. In order to use the standard mileage rate, however, you must meet the following six items.

(1) You must not operate five or more cars at the same time, as in a fleet operation; (2) You must not have claimed a Section 179 deduction on the car; (3) You must not have claimed actual expenses after 1997 for a car you lease; (4) You must not have claimed a depreciation deduction for the car using any method other than straight-line; (5) You must not have claimed the special depreciation allowance on the car; and (6) You can’t be a rural mail carrier who received a qualified reimbursement.

In order to claim actual expenses, you will need to calculate the actual cost of owning and operating the vehicle (the portion used for business). This would include gas, oil, repairs, tires, insurance, registration fees, licenses, lease payments, and any other valid expenses.

Tax Lawyer Free Consultation

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/tax-deduction-for-leased-car/

Source: https://divorceattorneyherrimanutah.wordpress.com/2019/02/13/tax-deduction-for-leased-car/