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The org is not incorporated in the US. But the person administering the bank account is a US citizen and works on US soil. She does payroll through the account, paying hundreds of US citizens who work for the org in dozens of countries around the ...
I'm afraid I find that I disagree in part with my learned colleagues. I agree that these cases are fact-specific. Specifically, I need to know the nature of the claim and what part of that claim had an effect in the US. If the nature of the claim connects to the flow of money existing in the US, you are probably golden (assuming the claim, itself, has merit). If the NGO meets the state's definition of "doing business" in the state, you are probably golden. If the NGO has such a large footprint in the US that it is paying hundreds of US citizens, you might be golden on that, alone. The issue may be more one of service than of subject matter jurisdiction, and for that you might be able to sue the US resident issuing the money and let the NGO come to court to defend. There are many ways to get the Guernsey NGO to be where its money is, and I don't think it will be as expensive as my learned colleagues think it might be. It might be particularly less expensive if this is one of the many tax refugee US corporations who moved offshore to avoid taxes but is still serving US customers, You can not only get them, but, if you act before the election, while one of the candidates wants to make the national conversation about Guernsey tax refugees and the other would agree about deadbeat Guernsey refugees, your defendant may cave in to the demand letter. But, like all of my responding colleagues, I need to know more.See question
I have a Dutch passport and my fiancé has a jamaican passport with a valid US visitors visa. We plan to visit the US for a few days and then onward to jamaica. The problem is, the airline that we are flying into the US with does not have any fligh...
My learned colleagues are, of course, correct on the law as I understand it. It's really more an immigration matter than an international law question, but it seems quite straight-forward. I might note, however, as someone who has traveled internationally a bit, the best prices on flights these days often happens when you take a series of one-way tickets. Many airlines codeshare, making it easier to get places you can't get with the one airline. Anyway, if you use a regular travel agent or an Internet discount agent to book the flight with multiple airlines, they will summarize the whole itinerary in a single document. While I don't think Homeland Security cares if you book one way and stay out your visa, I'm quite sure that Homeland Security doesn't care if you use Airline 1 to enter the US and Airline 2 to leave. Besides, you're from the Netherlands. We want you to visit! Why only a few days!? That's barely time to sample the cuisine.See question
Are there loopholes that allow foreign corporations to bank in America without being subject to US laws or taxes?
Rarely do the questions come this easy.... No.
Indeed, the US Patriot Act makes it incumbent on banks to know their customer. They need to know who the foreign entity is and its tax ID. OTOH, it isn't all that expensive to set up a US subsidiary, and it can have some terrific benefits in immigration law.
Occasionally tax lawyers are on the bleeding edge of this area of law, and I'm not a tax lawyer, so you may want to re-post this question as a tax question there.See question
If I get arrested in the Caribbean county ST Lucia for misdemeanor theft like trespassing, failure to pay the hotel, cab or shoplifting then what and what of going back home?
It's going to be difficult to return home if they have you in a cell and make you surrender your passport, so you might want to speak to a local criminal lawyer. Even if you have gotten back to Boston, you might not be out of the woods. I'm willing to bet we have an extradition treaty with St. Lucia, though I doubt they'd bother for a misdemeanor. You might want to chat with a Boston criminal lawyer familiar with Federal extradition. If you've "escaped," you might want to use a US lawyer to pay off whatever you didn't pay so the victims lose interest in pressing your case through extradition.See question
In a civil case, a litigant testified on an important fact that is very important in determination of the litigant's claim. The other party did not challenge the testimony and stayed quiet. Under the rules of evidence, does this mean that the li...
First of all, "presumptions" are a category of legal terms, and this example is an incorrect use of the term. Unanswered testimony may create a preponderance of the evidence, but it doesn't have to accomplish that.
In fact, there are many cases in courts where only one side testifies, and litigation is not the same as a formal, collegiate debate or forensic event. The finder of fact is charged to find the facts, and if they believe the unchallenged witness is lying, they can discount the testimony all the way to zero.See question
Scenario: In a civil suit, a defendant testified that the plaintiff testified something in some other court. Under federal civil rule, is such testimony of a defendant considered to be hearsay?
My colleagues are learned, but wrong (in no way that actually matters... but they'd owe me a martini). It isn't hearsay at all. It's an admission of a party, which, in pristine theory, isn't an exception. Some states call it a exception, and it's in the FedREvid that way IIRC, but, in any event, it is admissible for all purposes (as long as it is relevant and material). It need not be competent.See question
This is the situation, I have never live nor worked in the USA, I leave in Tijuana México, so I open the USA bank account to buy on ebay. But recently discover that if I withdraw money (pesos) from my dollars USA bank account, the Mexican bank p...
As the other two gentlemen have responded, the income is taxable in the US as US income unless it is taxed on Mexico and subject to a deduction by treaty. In all likelihood, it'll be below the minimum for taxation or it'll be covered by treaty exemption, but you should consult a tax accountant in the US the first time around. That question really belongs in Tax not International.
But, I've got to suggest that you check this out before continuing much farther down this road. There is no way that a Mexican bank has make that bad of an error and still remains in business. Have you heard the expression, "if it is too good to be true, it probably isn't"? What you are describing would be called a currency exchange arbitrage, and I can't think of anything illegal about it. You aren't moving cash. I know of no regulation prohibiting transferring funds between international accounts as often as you wish. Some types of accounts are limited to three withdrawals a month, but that doesn't apply to most accounts. But, banks make a fortune in currency exchange, even in the modern world where there are no commissions. They get paid by "the spread," selling currency for higher prices than they buy it. Further, if they are most credit card issuers, they tack on another 2.7-3.0% for foreign transactions in addition to the 1.2-3.0% they are charging the merchant. There is no way a bank is rounding up in a way that yields $30-$40 per transaction in negative fees. Why don't you try the transaction once or twice and wait for the statement to come in before you execute your planning.See question
My mother passed in 2005 and has a will that states she left the furniture and house to me. In 2007 my sister but the deed in her name. The will has not been filed in the court system yet but my sister new that there is a will and what it entail...
You need to get to a lawyer as soon as possible. If you wait another few years, the 15 year DC Statute of Limitations will pass and the property will rightfully belong to your sister and not you by operation of the Doctrine of Adverse Possession. Your sister has done what she needs to do to take the property from you permanently by possessing it openly, adverse to your interests, continuously, and hostilely to your legal rights. She needs to do that for 15 year, and it will be hers. Now, while the original Will can be located, you need to file the Will in Court and get appointed as personal representative. If you cannot afford that, many lawyers can help you take back the house, sell the house, and take their fees from the sale of the house. But, sitting on your rights is the best way to lose them.See question
Can post judgment motion for relief from judgment and motion to recuse be filed at the same time to prevent a bias judge to seek a different judge to review the motion for relief without bias?
In some cases, you must file your post-judgment motions concurrently. In most cases, one motion can be captioned and recite the bases for all post-trial relief. But, a judge is not only permitted, but is required to be "biased" one way or the other by the evidence at the end of a trial. That is not grounds for post-trial motions. Don't miss the timing for your Notice of Appeal.See question