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Evelyn Susan Ginossi

Evelyn Ginossi’s Answers

104 total


  • E-2 visa essential employee's salary?

    What is the minimum salary that would be accepted for an E-2 visa essential employee? I know it has to be be of U.S. standards but I wonder if there is a minimum. Thank you

    Evelyn’s Answer

    While there is no minimum salary required in terms of requiring an LCA (Labor Condition Application) be filed, the salary should be reasonable to reflect an "essential employee".

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  • E2 Spousal visa - how many days from the interview does it take for the visa to be ready for pickup?

    My husband has been granted the E2 Investor visa. He is currently waiting for the visa to be put into his passport, which I believe is 5 working days. How many days from the interview will it be for me being his spouse - I heard it was 2 weeks! An...

    Evelyn’s Answer

    It should take as long as it took the Embassy to put the visa into his passport - usually about 5 business days in London.

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  • I have two of my friends, who are US citizens and wanted to start a LLC, I am on H1b and want to invest in it.

    I am currently on an H1b through different employer, will not be depending on the LLC for any H1b, employment or I-140, but wanted to invest in it. Can I be a partner along with them, can I be a passive investor. If passive investor, what should b...

    Evelyn’s Answer

    I agree with the attorneys who have answered previously. You are permitted to invest so long as you are not involved in the active management and decision making of the business. You must remain a passive investor.

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  • If a dissolution of my llc is done. How do I record it because my property held in llc is at the recorders office at San Fran?

    Once a dissolution is done do both owners have to sign deeds for the the properties to be removed from llc since their is no more llc because of dissolution

    Evelyn’s Answer

    First, you will need to look at the operating agreement of the LLC to determine who is required to sign the deed to effectuate the transfer. You will also need to determine how title is to be held now that it will no longer be held under the LLC.

    Since your question involves the transfer of real property, you should engage a real estate attorney to make sure that the transfer and recording of the deed is done correctly and that any issues regarding transfer fees and taxes are adequately addressed.

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  • Can we deduct maintenance expenses, utilities, real estate taxes, etc. on our 1065 for a vacation home owned within an LLC?

    5 siblings co-own a vacation cottage within an LLC. An investment account provides the funds to maintain the cottage, pay the property taxes, etc. Are the maintenance costs, electricity bills, property taxes, etc. valid business expenses that w...

    Evelyn’s Answer

    Generally speaking, it depends how much you use the rental for personal use, which you should work through with a tax professional. If the property is exclusively used as a rental (an investment vs. a place you regularly go on the weekends), then you would be able to deduct those expenses. Again, the question is really for your CPA so that he/she can work through the particulars of your situation.

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  • How to respond to an E-1 RFE saying "Ownership Evidence pertaining to the treaty trader"? My company is a single member LLC

    I have filed and I-129 for an E-1 change of status and have received a RFE saying: " A Treaty Trader is an Alien who will be in the US solely to carry on trade of a substantial that is international in scope. An Alien may be classified as the actu...

    Evelyn’s Answer

    • Selected as best answer

    It comes down to the evidence that you can provide. At a bare minimum, you will need a signed single-member operating agreement. If you have already filed a tax return for the entity, your signed return showing the entity as a single member LLC will also be evidence of percentage ownership. Based on your individual case, a qualified immigration attorney may be able to suggest additional documentation to further support your petition.

    Good luck!

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  • LLC taxes for foreign owners without ownership agreement

    I have a LLC combined tax situation. - There are three partners in LLC ( Delaware ).All three are foreign nationals. ( Two Canadians , One Indian ) - We didn't make any operating agreement as we wanted to divide stocks as per importance of...

    Evelyn’s Answer

    I agree with the previous answer given. You must seek assistance from a qualified tax professional/tax attorney who is able to work through your situation as soon as possible. You will also need to work with an attorney in drafting an operating agreement for the company. Thereafter, any issues with the foreign national should be worked out (taxes & immigration, mainly). But note that self employment isn't permitted under the TN, thus the appropriate work visas must be sought if they have not been already).

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  • LLC Yearly Tax Filing 2014

    Started the LLC in CA last May, is an inactive business with no sale transactions. I am the only owner. I know 1st year exempted from Franchise board. What form do I need to file? Any documents needed? Since there isn't any sale.

    Evelyn’s Answer

    You should speak with an experienced and qualified tax professional to determine the appropriate documents to file for the initial tax year.

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  • Branch set-up for service company to operate in all states

    My company provides concierge services for foreign visitors (eg find and secure housing/car rental before they arrive, airport pickup etc). The head office is in Canada and we employ independent contractors in various cities, supervised by salarie...

    Evelyn’s Answer

    You will need the assistance of a tax professional in working out the most efficient way to enter the US market. State tax liability can vary greatly and some states are very expensive in which to conduct business (California and New York, mainly). California has a very broad definition of what constitutes "doing business in California", and unfortunately it's not as simple as either just having an office and/or hiring employees, so you may need to identify what your business presence is in each state as part of your entrance strategy and analyze accordingly.

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  • Will walking away from an LLC effect my permanent resident status?

    I never dissolved the company and am married to a US citizen. Worried about being deported if I don't pay the 10 years worth of LLC fees.

    Evelyn’s Answer

    It shouldn't, but you should talk through the entire situation with a qualified immigration attorney (in case there is something relevant you haven't touched up), as well as a tax adviser to determine the best possible solution for your circumstances. Together, they should be able to provide further guidance to clear up any worry you may have. Good luck!

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