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.

 

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.