Archive for ‘Legal’

September 21st, 2017

Why You Need An Experienced Real Estate Lawyer

There can be many reasons why you might need an experienced real estate lawyer. For example, one of the most common reasons people turn to this type of legal expert is when they are buying or selling the property. Other times when a real estate lawyer is needed can include problems with adverse possession, partitioning of property that is owned jointly, neighbor disputes, and homeowner association problems.

Whether you’re buying or selling a home, a real estate lawyer is an important part of the business transaction. Your real estate lawyer, whether you’re the buyer or the seller, will be able to draft contracts, provide legal advice regarding the content of the contracts, and ensure that all laws are adhered to in legal documents as well as in the conduct of the parties involved in the transaction.

For example, there are required disclosures that must be made during the sale of any real estate. One of these disclosures has to do with lead-based paint. If you are selling a home that was built before 1978, federal law has very clear disclosures that you must make, including the disclosure of any known lead-based paint used in the home as well as the specific wording in the contract, and signed statements verifying all requirements have been met. This must be done even if you have no knowledge of lead-based paint in the home.

Each state has their own laws regarding what must be disclosed as well as how those disclosures must be made. Typically, there are special forms that must be used for specific disclosures. Additionally, as a property seller, you’ll need to ensure that you have some type of verification from the buyer that all disclosures were given to them. If you don’t have proof of providing the right disclosures with the correct wording or on the right form, you can risk serious legal trouble if a buyer comes back to sue you.

While there are probably many areas of a real estate transaction that you can handle on your own, hiring an experienced real estate lawyer will be money well spent. You’ll have the legal expertise you need in order to ensure that all contracts are handled properly. Additionally, your lawyer will be able to make sure that your rights are protected.

October 29th, 2016

Understanding Idaho State Tax Law

tax lawyer

Payment of taxes is a legal requirement that nobody can avoid. While there are some loopholes, or legal provisions, that can help to reduce a taxpayer’s tax bill, taxes must be paid in full and on time. In the United States, taxpayers usually pay federal taxes as well as state taxes. Knowledge of Idaho State tax law is important as it will help contribute towards tax compliance of Idaho residents. Read on to learn more about the tax rules applicable in Idaho State. ¬†For complicated tax issues, you should contact an experienced Idaho tax attorney.

Filing Rules

Idaho residents are required to pay tax on income earned in the state, from another state or overseas. Nonresidents, on the other hand, are only required to pay tax on income earned from Idaho sources. Part-residents are taxed on all income earned from Idaho sources while residing out of state as well as all income earned while residing in Idaho. This means that anyone who has earned an income while residing in Idaho, or has earned an income from Idaho sources has some level of tax liability.

Types of Taxes in Idaho

i) Income Tax

The income tax rate in Idaho ranges from 1.6% to 7.4% and it’s graduated to ensure low income earners pay a lower tax rate than high income earners. However, there are some people who are exempted from paying income tax. For instance, a single person who is under 65 years old can only pay tax if their total income for the year was over $10,300. Single taxpayers who are over 65 years old, on the other hand, only pay tax on income exceeding $11,850 per year. The limit for married couples filing separately is only $4,000 per year.

ii) Sales Tax

This type of tax applies to the sale, lease or rental of tangible goods and some services. Sales tax is due every 20th day of the month, if paying monthly. If paying quarterly, sales tax is due on the 20th day of the month following the end of the quarter. In Idaho, sales tax returns are filed on Form 850-U.

Probate Laws

Apart from tax laws, local residents also need to know about Idaho Probate law. Probate is the process through which the estate of a deceased person is settled under court supervision. The process is meant to prevent fraud. If the deceased had a will, the document must be presented in court and put to the test to check its validity. If no will exists, the court will appoint the spouse or a close relative to act as the executor of the estate. If you have been appointed the executor of an estate, it is important you hire an Idaho probate law attorney to guide you through the probate process.

June 29th, 2016

How A Business Lawyer Can Help Small Businesses

4716279_sMost small business owners are strapped for money, which makes hiring a business lawyer somewhat of an afterthought. In fact, most owners only hire an attorney when they face a legal problem. On face value, this action makes sense, but the truth is a business attorney can help a small business in more ways than you can imagine. The following are a few situations where a lawyer will be helpful, which may prevent a problem.

Help With Asking the Right Questions

One problem that a small business owner can face is a lawsuit from an employee or even an applicant. Lawsuits involving discriminatory remarks or actions are common, but they are preventable. This is why you should at least consult with your lawyer so that you are aware of all discriminatory laws. For example, it is illegal to ask an employee or an applicant if he or she is planning on getting pregnant soon. A good example of how you can use a lawyer is to simply write up a list of questions you want to ask an applicant. The lawyer can review them to ensure no violations are committed.

Avoid Signing a Bad Contract

There are several online sources that can help you write up a contract between you and a vendor. The sources usually detail the steps clearly enough, though you can always have your lawyer do this for you. It is always a good idea to have a consultation with a lawyer regarding the contract so that he or she can go over it and ensure that it is okay to sign. This is a good way to avoid loopholes that might cost you later.

These are just two things that a good lawyer can help you with, though there are other more pressing issues when the services of a lawyer are inevitable, such as a lawsuit or if local or state entities are investigating your business for violations. It is always wise to keep a qualified business lawyer close by your side; this will make sure you have someone to fight for you if you ever need it.