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Luca Cristiano Maria Melchionna

Luca Melchionna’s Answers

996 total


  • Which lawyer do I need

    My mother had dual citizenship america and Dominican Republic. She passed in the Dominican and is buried there. She had a life insurance policy which to be divided between surviving children as of today is 4. I am sole beneficiary of a small annui...

    Luca’s Answer

    There are attorneys here in NY City area with the Dominican license. You may want to run a search here on Avvo. In addition, our office works with attorneys in Santo Domingo. Regards.

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  • How long can I use my international driving permit in Pennsylvania?

    The international driving permit I'm holding is valid for 1 year which was issued last summer, which I went back to Hong Kong for vacation. Two nights ago I got pulled over by police to check my license. They said I could not use my international ...

    Luca’s Answer

    You have to refer to Pennsylvania statutes s and in particular I would suggest to read this http://www.dmv.state.pa.us/new_residents/driver_license.shtml
    Based on this public info, you have a 60 days to apply for a valid PA driver's license.
    Good luck

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  • Hello There, Is it legal for me to transfer money to a company that is located outside the U.S? Maximous4u@hotmail.com

    I have a question. I was contacted by a company that is based in China. They do not have a U.S bank account. They asked me to use my bank account to cash payment I will receive from their customers, deduct my fees, and transfer the balance to them...

    Luca’s Answer

    I am sure that you have a basic computer and internet literacy. Please read this information here
    http://www.fbi.gov/scams-safety/fraud
    It is evidently a fraud.
    It may be a federal crime if there is a violation of the Bank Secrecy Act or Anti-Money laundering or other federal statues, banking and international payment statutes. This is more an international fraud.
    Now the subtle legal question is: "Is it legal if you consent to be potentially defrauded?" The mens rea of a fraud crime is the intent and knowledge that the statement you receive is false. The question is: do you know or do you have a reasonable doubt that their statement is false?
    Good luck

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  • India company doing business in the US

    I have a private limited company in India. We provide IT services to US clients. I want to form a US company so clients can deal directly with the US entity. All business revenue is to be generated in the US while operations are conducted in India...

    Luca’s Answer

    Yes you have to pay taxes in the US and India. However, with the 1989 Tax Treaty in place you can plan the stream of revenue properly. The type of structure is relevant for your tax planning. Tax withholding will apply. Transfer pricing must be considered and you would need to look into it. Best,

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  • Can a H4 visa holder freelance for companies in Europe?

    Can a H4 visa holder freelance for companies in Europe?

    Luca’s Answer

    Your question is not precise: I think you did not clarify (willingly?) whether the Companies you work for are located in Europe or you are physically located in Europe while providing the service. There is a huge difference. You cannot provide services while physically residing in the US for European companies unless the contract is regulated by a foreign law and payment occurs outside of the US and performance of your employment activity is directed outside off the US. If you are physically in Europe while holding an H4, you can provide service as long as there is no contact with the US. Hope this clarifies. However, please note that your situation must be clarified by an immigration, employment and international tax specialist. Best

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  • Can any one say prisoner transfer treaty works in india for indian convicted in USA

    How India works for this and how long he has to serve in India

    Luca’s Answer

    India and the USA signed an Extradition Treaty in 1997. More info here http://www.state.gov/documents/organization/101685.pdf
    In order to be extradited you need to be convicted in USA of an extraditable offense. An extraditable offense is one for which you have been basically imprisoned. The Treaty regulates the procedure for the request of extradition by both governments. I recommend to contact an international attorney. Best

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  • What legal info should I know if I sold my inherited foreign property to a relative and received money transferred 2 my US accnt

    I sold my inherited foreign property (land, no income as it's only a land) to a relative and received the payment through international wire transfer to be deposited to my dollar account here in US. I am planning to file it to IRS for next year a...

    Luca’s Answer

    Money is yours and you can use it immediately. You are not stating the country from which you have received the money. However, if there was a problem with money laundering the bank should have informed you already. As it seems the country from which you have received the money is one not listed in the "black list" I would suggest that you have now a reporting obligation with the IRS with your next tax return as you have received a gift. Best.

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  • Can a debt collector collect a debt that was incurred overseas?

    I received a traffic ticket in Italy a year back and challenged the ticket using an Italian lawyer. However i never heard anything from lawyer or jurisdiction that ticket came from. Now there is a California based debt collector stating they have...

    Luca’s Answer

    Under Italian law a traffic ticket is an administrative sanction regulated by state law and implemented by local authority (the local police/towns). In Italy there is one centralized collecting agency called Equitalia responsible of collecting on behalf of central, provincial and local governmental agencies. However, many towns are refusing to refer such collections to Equitalia because of the high fees and prefer to use their original collection service (public employees). Regardless, under Italian law a collection must begin with a notice of the existence of a debt. It means that the creditor must attempt to find you at your residence or domicile. If you do not have knowledge or awareness of such debt you cannot dispute that and therefore the collector cannot collect. Now, for a traffic ticket you need to explain whether you have received the ticket in your hands. Because you said you have disputed the ticket through a local attorney, the Italian collecting agency (either Equitalia or the town where the violation occurred) will look at the legal domicile of your dispute that is the office of your attorney. He/she should have received the first collection attempt and you should ask about it. Finally because fines are in the range of few hundred Euro, I highly doubt that a California collector would have bought a claim from an Italian collector (certainly not from a public one) for few hundred dollars. If you still doubts feel free to contact an international attorney. Best

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  • Does IRS care if I`m receiving money through Western Union regularly from different people overseas in 2k amount each time?

    I`m from Ukraine and staying here in US in a tourist status, and do deposit these money to a bank account I`ve opened here before.

    Luca’s Answer

    As long as you do not become fiscally resident in this country, you are ok. If you want to know how and/or when you hit the mark of becoming "fiscally resident" for tax purposes in this country you need to contact an international tax attorney. Best.

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  • Marketplace for video personality and liability

    My company is working on creating a marketplace where video personalities create a profile about themselves and brands post jobs which the video personalities bid on. The brands are posting these jobs so that their products can get advertising fro...

    Luca’s Answer

    When you talk about "liabilities", it seems to me that probably you need to secure first consent of these "personalities", their managers and obtain a license to use their brands. Once clear contracts and negotiated royalties are in place, then you can work at the Internet platform and its legal and business structure. Best

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