Massimo Paternoster’s Answers

Massimo Paternoster

New York Business Attorney.

Contributor Level 13
  1. Vat on a training course

    Answered almost 2 years ago.

    1. Massimo Paternoster
    2. Richard Albert Luthmann
    3. Evan A Nielsen
    3 lawyer answers

    Yes, it is correct. As a UK business, the training Co. is a taxable person and as such it is required to charge VAT on its supplies of services i.e., the course itself. The training Co. will then remit such VAT to the UK tax authorities. Since you are a non-resident, you may claim back the VAT through the 13th EC directive. Feel free to contact me should you need any further clarification.

    Selected as best answer

  2. If you have purchased an airline ticket and seat have been assigned can the airline legally resell those tickets if no-show?

    Answered 7 months ago.

    1. Jason Carl Kennedy
    2. Massimo Paternoster
    3. Christopher Daniel Leroi
    4. Michael J Corbin
    4 lawyer answers

    I agree with the previous answer and I also get your point. The answer to your question, however, lies on the contract of carriage you have 'signed' with the airline. You will probably find a clause based on which the airline will not refund your ticket if you do not show up at the gate. As additional info, which has nothing to do with your case, be informed that it is common practice in the industry to sell more tickets than the available seats. Such practice is called 'overbooking' and DoT...

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  3. Oversea tax question for a tax attorney

    Answered about 1 year ago.

    1. Massimo Paternoster
    2. Oscar Javier Ornelas
    3. Luca Cristiano Maria Melchionna
    3 lawyer answers

    You will be responsible towards the U.S. Government from an income tax perspective. The country you are located most likely has a treaty against double taxation hence, if you pay income taxes overseas, you should be able to apply for a tax credit in the U.S.. As per the second part of your question, you should specify which type of taxes you are talking about. Basically, you should not be accountable for indirect tax towards the U.S. revenue. These you describe seem to be consumption taxes...

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  4. My CPA's employee inserted wrong numbers on my return. Im being audited and charged for it by the cpa. Plus the fines, etc

    Answered over 1 year ago.

    1. Phillip Monroe Smith
    2. Evan A Nielsen
    3. Massimo Paternoster
    4. Curtis Lamar Harrington Jr
    5. Christopher Michael Larson
    6. ···
    6 lawyer answers

    You should talk with the CPA first to reach a reasonable agreement and try to avoid litigation. Suggest you hire an attorney to have your interests defended in this dispute.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can an attorney charge for a phone consultation? A retainer agreement was sent to me which I did not sign.

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Armen Taslakian
    3. Michael Raymond Daymude
    4. Massimo Paternoster
    4 lawyer answers

    Mr. Pedersen explanation is very clear. If the attorney gave some advises to you, he is entitled to a reasonable fees. He should have informed you anyway re the charge. Try to sort this out with the new attorney before challenging the charge.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Puffery or false advertisement or exaggeration?

    Answered almost 2 years ago.

    1. Krishnan S. Chittur
    2. Massimo Paternoster
    3. Barry Franklin Poulson
    3 lawyer answers

    Before acting make sure the discount refers to the particular items you refer to. You know there are lots of ads like these ones you mentioned that have a small disclaimer stating that discount does not apply to certain products.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Is there a legal or tax reason I should not take my husbands last name when I have an LLC?

    Answered almost 2 years ago.

    1. Raphael Samuel Moore
    2. Massimo Paternoster
    3. Luca Cristiano Maria Melchionna
    4. Mark A. Jinkins
    4 lawyer answers

    I do not see any issue re the name. What really matters is the regime you agreed with your husband, i.e., joint or separated. Also, if you are the member of the LLC, any business debt will affect the LLC, not you personally. But I agree with my colleague that you better consult an attorney and be guided accordingly.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Hello, I am a shareholder in the coop building in , Brooklyn NY.As a concerned cooperators, we state our opinion.

    Answered almost 2 years ago.

    1. Massimo Paternoster
    2. Luca Cristiano Maria Melchionna
    3. Michael Charles Doland
    4. Raphael Samuel Moore
    4 lawyer answers

    Of course you cannot be evicted for stating your dissent/concerns or whatever else that it is not in breach of the lease agreement. Look, these are very aggressive people. I suggest you to hire an attorney to defend your interests.

    5 lawyers agreed with this answer

  9. What can I do? I wrote the minutes for a meeting, carefully referring to the tape of the meeting. I gave them to the director

    Answered about 2 years ago.

    1. Massimo Paternoster
    2. Richard Albert Luthmann
    3. Ray Beckerman
    3 lawyer answers

    Yes, you can raise the issue. The minutes can be amended, at board's discretion, to reflect what actually happened during the meeting.

    4 lawyers agreed with this answer

    2 people marked this answer as helpful

  10. All the members of LLC have responsibilties of debt (sales tax) of the business?

    Answered over 1 year ago.

    1. Brent J Kleinman
    2. Massimo Paternoster
    3. Evan A Nielsen
    4. Christopher Michael Larson
    4 lawyer answers

    You need to consult with an attorney and soon. Not sure where your LLC is incorporated but laws of several states provide that members of an LLC are personally liable jointly and severally for any sales tax deficiencies of the LLC.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful