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Nancy Paula Perliski

Nancy Perliski’s Answers

66 total


  • How do I develop a C Corp as an umbrella over two LLC's, one for profit the other non for profit?

    I currently have an LLC and are looking to encompass it beneath the umbrella of a C Corp that is just being formed. It will also be accompanied by a non for profit LLC. The C Corp will be X enterprises and the LLC's (for and non for profit) will b...

    Nancy’s Answer

    While I completely concur with my colleagues on seeking qualified advice from a local Arizona attorney, a non-profit may not (in my opinion) be owned by a for-profit corporation without jeopardizing the 501(c)(3) status of the non-profit. However, the reverse is not true and many non-profits own for-profit corporations. For example, the non-profit may want to engage in unrelated business activities that do not directly pertain to their mission.

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  • Is there a way to to relieve my husband from liability for our house without my having to refinance it?

    We are about to file for divorce. I wouldn't be able to qualify to refinance on my own, but he doesn't want the liability for it. I was talking to an attorney and he mentioned something I could file with the court that would release him from res...

    Nancy’s Answer

    Whatever you do in family court won't affect his liability under the Note. One spouse can assume responsibility for a debt or debts as between the two spouses, but a creditor is not bound by that agreement and may pursue their rights independently of any such agreement.

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  • Can a convicted felon ever get their rights to own a firearm returned to them?

    Can rights be returned on a state and federal level?

    Nancy’s Answer

    Federal law provides that a person whose civil rights have been restored after a felony conviction may once again possess firearms. In Texas, civil rights may be restored by a governor’s pardon. And, for most, but not all felonies, if a person has been placed on community supervision, the judgment may restore their civil rights at the conclusion of such a period.I would strongly suggest you speak to a local attorney about the later opportunity since pardons are a rarity.

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  • Should I open an FLP or LLC

    I own one rental property and in the process of acquiring two more. I dont know if its time yet or at what point i should. Also not sure of cost. Im leaning towards FLP. Please provide some insight. Thank you

    Nancy’s Answer

    You might also take a look a the Texas Series LLC. It is an excellent way for real estate investors to own multiple properties. It permits investors who own or intend to acquire multiple properties and who want to separate these properties into separate buckets. General reference information follows from the Texas SOS. A series LLC, formed under Texas law, is an LLC that provides in its governing documents for the establishment of a series of members, managers, membership interests, or assets that have separate rights, obligations and liabilities and business purposes from the general LLC. Each individual series has the ability to sue and be sued, enter into contracts, hold title to assets, and grant liens or security interests in its assets. I suggest you consult with a Texas attorney and carefully evaluate your choice of entity. There are many good choices and all have their pros and cons depending on the nature of your intended business model.

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  • I am trying to decide how I should incorporate my business. I'm not sure which route I should go. Non profit, for profit, or spc

    I am trying to figure out which is the best route for me to go for my business. I am starting a mentoring program, and I will target at risk high school kids, and work my way down. I want the program to be a free program for the kids, but I also w...

    Nancy’s Answer

    Your goals are laudable, but non-profits are not businesses per se. They do not operate for a profit motive although they clearly need to be viable entities to fund their operations. Such business largely rely on donations. Although a non-profit executive director and employees may be paid reasonable compensation, the non-profit belongs to no one and its assets cannot be sold in the sense one might dispose of those belonging to a for-profit company, but only transferred to merged into another non-profit. A non-profit is usually governed by a Board of Directors and not one person, although founders often have strong positive personalities and do lead the way. The non-profit might provide a living in an incidental way, but you would not develop any equity or value in the business; hence, there is no opportunity to sell it down the road to fund a retirement, for example. I think it would be a good idea to consult a local business formation attorney in Washington. Try using the Washington State Bar attorney referral service, or AVVO and looking for qualified non-profit attorneys/business formation attorneys locally. I think you can find a way to achieve both goals.

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  • Offered a job by non-profit organization while I am on OPT. They are willing to do H1B but not sure if they are cap exempt.

    I have been offered a job by a non profit healthcare organization who serve all life cycles with different mental health needs. They are sponsoring someone's work visa for the first time so they do not know if they are cap exempt or not. They do h...

    Nancy’s Answer

    The link below may provide some useful information. I would consider consulting with a non-profit attorney or an immigration attorney familiar with the cap exemptions. The recommending reading link is just background and should not be used a substitute for consulting a qualified attorney. The AVVO find Lawyer feature may be of assistance as well.

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  • Is a donation tax deductible if it's directed to one individual through a non-profit?

    I want to give a $500.00 gift to the Pastor of our church. Our church - a religious non-profit 501(c)(3) corporation - has set up an established fund for donations expressly for this purpose so members can receive a tax deduction on the gift/donat...

    Nancy’s Answer

    • Selected as best answer

    Similar inquiries have been posed to the IRS in the past and the IRS has responded. A taxpayer may deduct a contribution that is to or for the use of a church (or other charity). However for the contribution to be deductible, the church must have full control of the donated funds and discretion as to their use. This ensures that the church will use the funds to carry out the church’s functions and purposes. In this case, it appears that the church has established a fund for the specific purpose of accepting donations to benefit the Pastor, so it would appear that the funds are being placed within the church's control as opposed to a designated gift where no such fund existed and the donor was directing the use of the funds.

    However, the IRS clarified that to deduct a contribution, the donor’s intent in making the payment must have been to benefit the church and not an individual recipient. An individual church member’s contribution to the church that is designated for the benefit of the minister is not deductible as a charitable contribution. It is unclear to me that the establishment of this fund by the Church makes any difference to the deductibility of the gift, although clearly it will go where you intend.

    When a church member wishes to provide funds for a pastor, it is best to make the gift directly to the pastor. The gifts may not be tax-deductible for the donor, bur are generally not taxable to the pastor.

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  • IRS taking current wife’s entire tax refund to pay my outstanding child support.

    She filed a "injured spouse" form and yet her entire refund was taken to pay my outstanding child support. My understanding is that filing the IRS Form 8379 makes her not responsible for my child support payments even if I have outstanding child s...

    Nancy’s Answer

    Special rules do apply in Community Property states. You might want to engage a tax attorney, at least for a review of IRS Form 8379 to see if you completed it correctly. The Service's hotline may also give you some assistance, The link below will give you some idea of the complexity involved in Community Property states.

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  • Can an H1-B issued from non-profit organization be transferred to profit organizations?

    Hi, I am a Physical Therapist. I am on F1 OPT visa right now. My question is if a non-profit hospital issues my H1-B for me, can I transfer my H1-B to profit organizations or it can just be transferred between non-profit organizations? ...

    Nancy’s Answer

    The H1B program is designed to allow US employers to hire foreign nationals to fill highly specialized positions within the US workforce. While the H1B cap is currently set by statute at 65,000, there are several exemptions. The cap does not apply to certain applicants filing for H1B visas through institutions of higher education, nonprofit research organizations, and government research organizations. Unfortunately, it will apply if you seek employment outside the classes or organizations noted above.

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  • Is it legal to claim you are Non Profit. There is a facebook page: Amputees Pushing The Limb-Its claiming they are Non Profit

    I know they aren't....isn't it illegal to say you are ?

    Nancy’s Answer

    I am not sure what leads you to believe they are not what they claim to be. Therefore, it is hard to comment much further. I will only add that some nonprofit activities can fall under the 501(c)(3) tax-exemption of a larger, more established, sponsoring organization, Simply looking up their name with the IRS will not be enough. In such instances, they project itself is often not a separate legal entity, so it would not even show up on a Secretary of State (SOS) review or name check.

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