Purchasing a Property from a Foreign Seller? FIRPTA Required!

Don't Get Penalized Red 3D Words Fee Punishment Foul Rule BreakiIf you are purchasing a Florida property, then it is important to know if the seller is a foreign seller. It is also important to remember that all sellers are assumed to be foreign until proven otherwise.

Be careful with the definition of “foreign seller,” as even a single-member Florida LLC may or may not be subject to FIRPTA withholding depending on the tax structure of the entity. An experienced business law attorney should make the determination as to whether or not the seller is subject to a FIRPTA withholding.

If you are purchasing a property from a foreign seller, then a FIRPTA transaction will most likely be involved. There are certain exceptions to the FIRPTA withholding requirement, such as a residency exception and the ability to request a IRS Certificate, but failure to properly adhere to the procedure and timeline could result in large penalties and fines from the IRS.

Although the withholding is taken from the Seller’s funds in order to pay the taxes for the sale of the property, it is the BUYER’s responsibility to ensure the FIRPTA withholding is properly withheld and submitted to the IRS. If this procedure is not done correctly, then the BUYER will be fined and penalized.

Here at Boyer Law Firm, we specialize in conducting closings for foreign buyers and sellers and we have a great deal of experience in conducting real estate closings that include FIRPTA transactions. If you are purchasing a property from a foreign seller, then contact us today!

What Do I Do If My Business Name is Not Available in Florida?

Company LogoIf you conduct business in multiple countries or states inside the United States, then it is important to ensure that your business is properly registered in each of those jurisdictions.

In many cases, the name of your business may be available in one state, but the case may be that your business name is not available in Florida.

If this is the case, then you have the option of registering your business under a different legal name and then applying for a fictitious name, which will allow you to legally market and present your business under the same name you used in the other state. You should hire an attorney to assist you through this process, as there are requirements, such as publishing requirements, that must be met in order to properly register your fictitious name.

If you name is unique and you have a logo for your business, it is a good idea to apply for a trademark or service mark in order to protect the brand of your business.

The same is true for international companies whose business name is not available in Florida.

If you are interested in conducting business in Florida, whether you have an existing business or not, then contact Boyer Law Firm, P.L. today to see how we can assist you.

 

Annual Report Reminder!

DON'T FORGET!Annual Report Reminder!

Florida Annual Reports must be filed by May 1 in order to avoid a large monetary penalty and the potential dissolution of your business.

If you need assistance in completing your annual report or your need a registered agent for your business, then contact Boyer Law Firm, P.L. today.

Florida One of Top States for Low Tax Burden

According to a recent study by WalletHub, Florida is in the top 10 states for the lowest tax burden on “High Income” and “Middle Income” taxpayers.

It is also the only southeastern state in the top 10 states with a low tax burden, other than Alabama, which ranks lower on the results.

Miami Beach panorama

State “Low Income” Rank
(Tax Burden as a % of Income)
“Middle Income” Rank
(Tax Burden as a % of Income)
“High Income” Rank
(Tax Burden as a % of Income)
Alaska 1
(5.40%)
1
(4.50%)
1
(3.43%)
Wyoming 6
(7.68%)
5
(6.65%)
2
(3.98%)
Nevada 4
(7.00%)
3
(6.28%)
3
(4.71%)
Tennessee 16
(9.17%)
6
(7.02%)
4
(4.97%)
South Dakota 28
(9.80%)
7
(7.17%)
5
(5.17%)
New Hampshire 8
(7.99%)
8
(7.43%)
6
(5.36%)
Florida 17
(9.23%)
10
(7.67%)
7
(5.56%)
North Dakota 10
(8.37%)
12
(7.92%)
8
(5.70%)
Alabama 25
(9.61%)
20
(8.82%)
9
(6.03%)
Delaware 2
(5.43%)
2
(5.70%)
10
(6.14%)

 

In addition to the beach and sun, the tax benefits and low tax burden of living in Florida add to the list of reasons to live and do business in the Florida. If you are thinking about moving to Florida or if you are interested in starting a Florida business, then contact Boyer Law Firm, P.L. today.

If you are a foreign individual who already lives or does business in Florida, or if you are thinking about moving to or starting a business in Florida, then you should contact an attorney to assist you with tax planning for yourself, your business, and your estate.

Tax planning may include restructuring your company, creating estate planning documents such as trusts and power of attorneys, and much more.

 

Chart provided by: http://wallethub.com/edu/best-states-to-be-rich-poor-from-a-tax-perspective/11257/

Florida Annual Report is a Must to Maintain your Florida Business

Annual ReportFlorida businesses are required to file a Florida annual report each year beginning in January.

Failure to comply with this requirement by the deadline could result in severe monetary penalties and a failure to file the Florida annual report at all could result in the administrative dissolution of your business. If your business is administratively dissolved, it will no longer be considered an active company registered to do business with the state of Florida.

If you currently have a business and are considering changing your Florida registered agent, then now is the time to do so. The Florida annual report provides you with a unique opportunity to make certain changes to your business with the State without having to pay additional filing fees.

All businesses in Florida are required by law to designate and maintain a Florida Registered Agent. The registered agent must have a Florida address and must be open to the public during regular business hours.

A Florida registered agent acts as the company’s representative for “service of process,” for items such as summonses, writs, and other legal papers, which is one of the reasons it is a good idea to hire an attorney as your Florida registered agent. In the event that your company is sued, you will have only 20 days to respond to the summons, so it is of the utmost importance that both you and your attorney are aware of this summons immediately.

Boyer Law Firm’s Florida Registered Agent Services include:

– Registered Agent Service for the current year

– Filing of the Annual Report for your company

– All state-mandated fees

– Additional services may be provided upon request for an additional fee.

Please also be aware that Florida businesses are required to file a Florida annual report, but they are NOT required to file their “Annual Minutes.” There have been scams the past couple years asking business owners to file these “Annual Minutes,” and it is suspected that these scams will continue in 2015.

If you receive a letter asking you to file your annual minutes, ignore it or contact an attorney. If you have already received the letter and paid it, contact the State Attorney General’s office.

For more information on filing annual reports and Florida registered agent services, contact Boyer Law Firm today.

2015 Florida Business Planning Session Appointments Now Available

2015 Florida Business PlanningAs 2014 comes to a close and 2015 starts, it is a good time to take a look at your Florida business and determine how to grow in the next year and how to make your business better in general. It is an even better idea to hire an experienced Florida business law attorney to assist you in this analysis.

One of the things you should do to kick off your business for the upcoming year is to schedule a 2015 Florida business planning and preventative business law session with Attorney Francis M. Boyer. This meeting may assist you with multiple aspects of your business, including a legal business analysis that could be of great value to you.

Attorney Boyer can:

–          Perform a legal business audit, or business checkup, which may reveal potential legal problems your company may have, or it may reveal unknown business opportunities.
–          Assist in Business brainstorming in order to improve the business on both a large scale and in day-to-day aspects.
–          Provide reliable contacts, such as CPAs, Banks, Brokers, and other professionals
–          Provide peace of mind
–          And more

If you would like to schedule a 2015 Florida business planning session with Attorney Boyer, whether you are a current client or not, then contact Boyer Law Firm, P.L. today and one of our staff will be happy to schedule an appointment for you.

These appointments may be via telephone, Skype, or in one of our three office locations, but available spaces will fill up quickly, so contact us today to see how we can help you.

Happy New Year from Boyer Law Firm, P.L.!

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Broward County Will Stop Assigning Book & Page Numbers

Broward CountyBroward County, Florida announced in a press release that they will stop assigning Book & Page numbers in the Official Records book type, affecting the majority of the documents recorded beginning January 1, 2015. An “Instrument Number” will be generated for these documents at the time of recording.

Any documents recorded on or after January 1, 2015 must be referenced using the Instrument Number only. The exception will be for large format documents. This change is in preparation for a transition to a new database format and new recordation system software.

Since book and page numbers are often included in the legal descriptions for real property (which are placed on a deed), this change may affect the way legal descriptions are written.

As with any new policy, tweaks will most likely be made as the system is established.

Happy Holidays from All of Us at Boyer Law Firm, P.L.!!!

Diseño de letras de tarjeta de navidad

Happy Thanksgiving from Boyer Law Firm, P.L.

Vintage Thanksgiving Card

Happy Patriots Day

September 11

Bastille Day

Bastille DayThe French National Day commemorates the beginning of the French Revolution with the Storming of the Bastille on the 14 July 1789, as well as the Fête de la Fédération on the 14 July 1790. Celebrations are held all over France.

 

Independence Day!

Independence Day

All of us here at Boyer Law Firm, P.L., would like to wish you a safe and Happy 4th of July!

Our office will be closed on Friday, July 4th.

 

 

 

 

 

Attorney Boyer on Contracts and Lien Laws


Contracts and Lien Laws

Attorney Francis M. Boyer spoke at the Florida Groundwater Association’s Annual Conference on Friday, May 2, 2014. He spoke about contracts and lien laws for contractors, subcontractors and more.

The presentation and Attorney Boyer received great feedback from the audience, and Attorney Boyer looks forward to attending the conference next year.

If you need assistance with a contract or lien law situation, then contact Boyer Law Firm, P.L. today.

Florida Business Planning and Florida Business Registration

Florida Business PlanningWith the onslaught of internet based companies, including phone apps, online stores, and much more, it can be difficult to navigate the legal landscape of properly setting up your business and abiding by the different state laws.

For example, according to the Orlando Business Journal, it is rumored that Zynga, maker of some of the most popular social games, is building a physical location in the Orlando, Florida area. Does this mean that Zynga will have to register to do business in Florida? If it has not already, then absolutely!

If your company has a permanent address in a Florida, then it needs to be registered to do business in Florida. If you are based in one state but you are selling throughout the country or internationally, then it is important to know the legal requirements for your business.

Here at Boyer Law Firm, we offer Florida business planning meetings that will allow Attorney Boyer and our other business law attorneys to guide you through this landscape and assist you in determining what you need to do to protect your business and yourself, especially when it comes to asset protection.

For more information on our Florida business planning meetings, or if you need to register your business to conduct business in Florida, then contact Boyer Law Firm today.

CNN Money Likes Jacksonville Entrepreneurs

Jacksonville EntrepreneursJacksonville, Florida was recently praised by CNN Money for being an emerging hub for both start-up companies and entrepreneurs.

Contributing factors to the success of the increase in Jacksonville Entrepreneurs include inexpensive business and labor costs, low taxes, warm weather, and availability of capital. Jeanne Miller, executive director of Jacksonville Civic Council, says venture capital and money from angel investors is coming back to Jacksonville.

“Jacksonville’s a hidden jewel for entrepreneurs,” said Theodore Carter, executive director of the city’s Office of Economic Development. “We have a young ecosystem here that’s very welcoming to innovation and new business.”

This ecosystem of Jacksonville entrepreneurs is further exemplified through events such as One Spark, and the UNF Leadership Summit, and many other events with the entrepreneurial spirit in Jacksonville.

Source: Jacksonville is Hot for Startups

New Orlando Address for Boyer Law Firm, PL

Boyer Law Firm’s Orlando address has changed to the following location:

Ashley Park ComplexBoyer Law Firm Orlando
7635 Ashley Park Court
Suite 503- D
Orlando, FL 32835

This office is located in a more convenient part of Orlando that will allow us to better serve our clients. The new location will be officially open on January 1, 2014, and is located in the MetoWest area in the Ashley Park Complex across the street from Bill Frederick Park at Turkey Lake.

Veterans Day

Veteran's Day 2013

Happy Halloween!

Happy Halloween!

Buying an Existing Business in Florida Saves Time and Money

Buy an Existing BusinessMost people think that in order to be an entrepreneur you need to start a new business; this is not true. Many entrepreneurs start their businesses by buying an existing business. Buying an existing business in Florida can be more advantageous than starting from the ground up and can save the business owner a lot of start-up time and effort.

When you purchase a new business, it will usually include an existing customer base, existing location, existing product(s), and existing physical assets.

An existing customer base is the number one reason to buy an existing business, but you need to make sure that this existing customer base will be loyal to the business, not to the old owners or old employees.

Often times, the loyalty of the customer base will be determined by the type of business you are buying. If you are buying a hair salon, for example, many of the customers are not loyal to the actual hair salon; they are loyal to the hair stylist who is used to them and knows how they want their hair cut. On the reverse side, if you are buying something like a restaurant, then the customer base should be pretty loyal unless you drastically change the menu items or other important aspects of the business.

The second thing that will come with buying an existing business in Florida is the location. This is an important thing to consider when purchasing a business because the location can either help or hurt you.

The business you are buying will also most likely have an existing product, whether it be recipes for a restaurant or clothing for a store. The business may also come with trademarks and certifications on the products that the previous owners obtained.

Lastly, the business will usually come with physical assets. In the case of a restaurant, these would include ovens, tables, kitchen equipment, and more. If the business you are buying is selling for a low price, then you may be able to get a great deal for these business assets.

If you are interested in buying an existing business in Florida, contact Boyer Law Firm’s business law attorneys today.

Happy Labor Day

Happy Labor Da

St Johns Town Center Entices Retailers

St Johns Town CenterThe success of St Johns Town Center is enticing retailers to come to Jacksonville.

St Johns Town Center has almost everything: clothing stores, such as Louis Vuitton, bebe, Lacoste, Coach, and Express; restaurants, such as J. Alexander’s, The Cheesecake Factory, and PF Chang’s; nightclubs, such as Whiskey River; Dick’s Sporting Goods, Target, Costco, and so much more.

It is equidistant from the wealthiest areas of Jacksonville, which a tremendous draw for retailers. The town center is fairly new to Jacksonville (its creation started only a few years ago), and locals can’t believe how successful it has become.

“Growing up in Jacksonville and knowing the JTB used to be essentially sand dunes and the Town Center was a dairy farm – looking at it now it’s the retail epicenter of Jacksonville,” said Patrick McKinley, leasing agent with Regency Centers Corp.

Trader Joe’s, Lush Fresh Handmade Cosmetics, Recreational Equipment Inc., and Nordstrom Inc. have all landed deals at St Johns Town Center. If you are interested in starting a retail business in Jacksonville, contact Boyer Law Firm’s Business Law Attorneys today.

See a full list of the stores in St. John’s Town Center here.

Source: Jacksonville Business Journal

First Coast News Interviewed Attorney Boyer

Attorney Francis Boyer was quoted as an expert in a story on First Coast News about a man who was wrongfully evicted from his home.

“First For You, real estate attorney, Francis Boyer, said these are your rights:

1) Renters can stay in the property until a notice to vacate runs out.

2) Property owners do not have the right to take the renter’s property. It must be stored and notice given. If that is not done – consider hiring legal help.

3) The Protecting Tenants at Foreclosure Act says in part, if your landlord is foreclosed upon, and does not inform you and you are a bona fide tenant (meaning you are not related) you have a right to 90 days notice to move.”

First Coast News: Click here if you do not see the video below.

Happy Independence Day!!

July 4 | US Immigration Attorney

All of us here at Boyer Law Firm, PL would like to wish you a safe and Happy 4th of July!

Our office will be closed on Thursday, July 4th, and Friday, July 5th.

E2 Visa Success

E2 visa successBoyer Law Firm has successfully obtained over ten E2 visas for over three different families in the last few weeks. Our experienced immigration attorneys know what is required in order to obtain this and other US visas.

We have also recently succeeded in obtaining Fiancé petitions, temporary “B” visas, and Citizenship for our clients.

An E2 visa allows for foreign nationals to obtain a US visa if they invest a substantial amount of capital in a new enterprise in the United States. Although we cannot guarantee that your will get an E2 visa, we can offer your our expertise, which will reduce errors that could cause your visa application to be delayed or denied.

Our immigration attorneys can not only help you through every step of the visa process, but can also help you run and maintain your business after you obtain a visa through our registered agent services, business planning sessions, and more.

Patriotic background

Please join Boyer Law Firm, PL, in remembering all of our departed soldiers. Our thoughts and thanks also go out to all those who currently serve and their families.

http://boyerlawfirmblog.com/memorial-day/

Our Miami Office Has Moved

Boyer Law Firm, PL is proud to announce that our Miami Office has moved to a new location: The Brickell Bay Office Tower

________________________________________________________________________________________

Brickell Bay Office Tower

1001 Brickell Bay Drive

Suite 1712

Miami, Florida 33131-4938

1001 East - exterior

Miami Business Lawyer | Miami Real Estate Attorney | Miami Immigration Attorney

 

 

 

 

 

 

 

Florida’s World-Class Golf Courses

One of the great things about living and doing business in Florida, in addition to the warm weather and sandy beaches, is Florida’s world-class public golf courses. Whether you are meeting a client or playing a Saturday afternoon round with some buddies, Florida has some of the best golf courses in the country.

Whether you are in Jacksonville, Orlando, or Miami, Florida, there is a world-class public golf course near you.

Here are the top thirty Florida’s world-class golf courses, according to Golf.com:

1. TPC Sawgrass (Players Stadium), Ponte Vedra Beach/ Jacksonville

Floridas world class golf courses | doing business in Florida | Business Lawyer Jacksonville Miami Orlando2. World Woods (Pine Barrens), Brooksville

3. Arnold Palmer’s Bay Hill, Orlando

4. Hammock Beach Resort (Ocean), Palm Coast

5. Innisbrook (Copperhead), Palm Harbor

6. Doral (TPC Blue Monster), Miami

7. PGA National (Champion), Palm Beach Gardens

8. Reunion (Independence), Orlando

9. World Woods (Rolling Oaks), Brooksville

10. Camp Creek, Panama City Beach

11. Waldorf Astoria, Orlando

12. Grand Cypress (New), Orlando

13. Sandestin (Raven), Destin

14. Sugarloaf Mountain, Minneola

15. Victoria Hill, Deland

16. Old Corkscrew, Estero

17. Tiburon (Black), Naples

18. Hammock Beach Resort (Conservatory),Palm Coast

19. Turnberry Isle (Soffer), Aventura

20. Southern Dunes, Haines City

21. Breakers (Rees Jones), West Palm Beach

22. Orange County National (Panther Lake), Winter Garden / Orlando

23. PGA Golf Club (Wanamaker), Port St. Lucie

24. The Deltona Club, Deltona

25. Southwood, Tallahassee

26. TPC Sawgrass (Dye’s Valley), Ponte Vedra Beach/ Jacksonville

27. Ponte Vedra Inn & Club (Ocean), Ponte Vedra Beach/ Jacksonville

28. Reunion (Legacy), Orlando

29. North Palm Beach C.C., North Palm Beach

30. Walt Disney World (Magnolia), Lake Buena Vista

For more information about living and doing business in Florida, download our “Living in Florida” guide.

Source: http://www.golf.com/courses-and-travel/best-public-golf-courses-florida-2012

Fake Attorneys

freeimage-5553348With the invention of the internet, it is very easy for people to misrepresent themselves as lawyers.

In Arkansas, Anthony Calderon is accused of defrauding non-English speaking immigrants and taking their money. In New York, Terence Kindlon Jr. was indicted for practicing law without a license and filing false documents while unlawfully representing a criminal defendant.

If you are not a licensed attorney, giving legal advice is a third-degree felony.

When you are looking for an attorney, it is important to do your homework. At the very least, be sure that your attorney is a member in good standing with the Florida Bar, and that they are eligible to practice in the jurisdiction your case requires. Also, be sure that your matter matches the areas of law they practice.

Sources: Channel 5 ; Law Updates

*Image courtesy of Stockfreeimages.com

Attorney Boyer will Travel to France & Turkey in March

MondissimoWe are pleased to announce that Attorney Francis M. Boyer, of Boyer Law Firm, PL, will be available for meetings in Istanbul, Turkey, from March 1 to March 8, 2013 and Paris, France, on March 18, 21, and 22.

He will also be participating in the 5th annual Mondissimo Convention on March 19th and 20th.

As a result, Mr. Boyer’s availability will be extremely limited during the month of March. If you need help with a potential matter or your current matter, please contact us immediately so that we can plan together how to manage your matter while he is away.

If you will be in France or Turkey during this time and would like to meet with Mr. Boyer, please contact our office to schedule an appointment.

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