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Luca Cristiano Maria Melchionna

Luca Melchionna’s Answers

1,000 total


  • I received a letter from the IRS requesting meeting regarding 2011 FinCEN reporting compliance. Do I need an attorney.

    My 2011 tax return was audited by the IRS including my 2011 foreign bank accounts. The examination concluded that I do not have to pay taxes for my foreign account. After the examination was completed the auditor sent me a letter requesting meetin...

    Luca’s Answer

    Unreported foreign account or foreign income is a serious issue with civil and criminal consequences. Because you have been audited you may not have chances to get into an OVD program. This may cause the application of harsh penalties. I would recommend to hire a criminal tax attorney with OVDP experience and dealing with foreign assets. You need to hire and work with attorney because you need the protection of the attorney-client rule and empower him with a POA to discuss your taxes ad financial situation with the IRS. And do not hire an accountant independently. Let the attorney hire a CPA. Be prepared because it will be very expensive.

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  • Which governing law is best to use for an NDA between and Swedish and a Hong Kong company?

    This is an NDA between two ecommerce companies and not between an employee and employer.

    Luca’s Answer

    There is no such things as "best law" (between or among countries) or "best law" for a specific contract or situation. Choice of Law is a crucial topic for any agreement and must be analyzed very carefully. It is based, of course, on the negotiating strategy of both parties and it involves several factual determinations among which: which is (or which are) the language(s) of the contract? Where are the parties located geographically? Where are the legal seats of the companies? Where the services are provided, or goods manufactures, or shipped? Where the payment will be made? What is the mechanic of the payment? Which currency used? Which is the party with predominant economic power located? Is this negotiation an opportunity to develop a long lasting commercial relationship? Has the law selected anything to do with any factual consideration of this agreement described above?
    In addition, there are some fundamental legal considerations, among which: What is the remedial system of the legal system selected? How the recovery system of that applicable law is structured? What is the time frame for judicial recovery? Is the law selected by the parties business friendly and accessible? Have both parties access to legal counsel? What are the expenses pre or post breach? What are the tax consequences for both parties? Any treaty involved? In which way the applicable law of a country signatory of certain international treaties affect the contract? Any international tax issues?
    As you may realize, facts and laws are complex matters to resolve. Therefore, I think it is clever to hire an attorney who can guide your business decisions. Good luck.

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  • Can an American work for a German based company if the German based company does not have an office in America

    Need to know if a company from Germany can directly hire an American citizen.

    Luca’s Answer

    Yes, in general, a German company can hire an American individual. There may be some jobs restricted only to Germans (like e.g. working for the government, holding public security positions, etc.). I assume also that the contract will be regulated under German Law as well as all the related benefits. Best

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  • Received vehicle citation entering restricted zone Tuscany Italy; unaware of violation. Is this enforceable in US?

    Unclear sign-age. Sent to collection. 1 yr after the fact. Do I have rights and can I claim innocent?

    Luca’s Answer

    The debt can be collected here in the US. Did you sign the fine (paperwork) admitting fault in front of the police? Please clarify. Best

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  • 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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