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Robert Jan Suhajda

Robert Suhajda’s Answers

1,977 total


  • As HR for a small business, could I disregard an Order to Garnish based on a bankruptcy filing?

    I work in HR for a small company in Los Angeles, CA. I received an Order to withhold as part of a garnishment for money owed to a merchant. It goes into effect in a few weeks. In the meantime, the employee had her attorney file for Bankrupty and t...

    Robert’s Answer

    Get a letter from the attorney and give it to the merchant.

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  • Will it be safe for me to file my 2015 tax return since I overstayed visa?

    I came to the US with F1 visa then transferred to H1B visa. I have been worked and filed my tax return legally... However, my H1B expired by the end of September 2015. I get married to an american citizen in the beginning of September 2015, and ov...

    Robert’s Answer

    File form 1040 if you meet the substantial presence test which is
    you must be physically present in the United States (U.S.) on at least:
    31 days during the current year, and
    183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    All the days you were present in the current year, and
    1/3 of the days you were present in the first year before the current year, and
    1/6 of the days you were present in the second year before the current year.

    If you meet the filing threshold
    Note. You must file a return if your gross income was at least the amount shown in the last column.
    IF your filing status is. . . AND at the end of 2015
    you were*. . . THEN file a return if your gross income** was at least. . .
    Single under 65 $10,300
    65 or older $11,850
    Head of household under 65 $13,250
    65 or older $14,800
    Married filing jointly*** under 65 (both spouses) $20,600
    65 or older (one spouse) $21,850
    65 or older (both spouses) $23,100
    Married filing separately any age (if your spouse itemizes deductions) $4,000

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  • How much will be annual corporate tax?

    Hi i am not a US Citizen only visit US for few days in a year (max 30 days) , i own a software company in India Company A. If i open a new company ( C-Corp) in US (probably in Delaware) Company B. If Company B (US Company) earn 100$ in a year ...

    Robert’s Answer

    If the expenses are bona fide and the expenses are currently deductible then no tax would be due but I am not a international tax lawyer. Also, is the $100 in income reported in India? I would hire a tax lawyer before proceeding.

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  • Do I need to amend my Delaware entity's tax return 2014 and 2015 to change the address to be my Delaware address?

    I incorporated an INC in Delaware in 2014, register address is my California home address. It is just a paper company. So far, no business was ever conducted. No business or contract or income or expense ever happened. 2014, 2015 Fed and DE tax ha...

    Robert’s Answer

    Did you have an office in CA? I would not amend the DE tax return because it looks like you owe no CA taxes.
    File the final return ASAP and dissolving it should solve the problem unless you hear otherwise from the FTB
    after you answer the questions.

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  • Can a nonprofit organization use the proceeds from a business as a fundraiser?

    There is a private pool in my neighborhood. In years past it was owned by a for-profit entity that opened the pool to the public. The pool was recently donated to a nonprofit that says on their flyers that "The facility operates as an annual f...

    Robert’s Answer

    The operation of the pool does not seem to be related to helping the homeless in Memphis other than providing funding for it. Is there a related purpose other than producing income? If so then it is not unrelated business income.

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  • Common Oversight OR Huge Professional Blunder? Probate Estate Home Sale

    On 9/4/12, I served as executor of an estate property in CA. An EIN was issued 9/22/12. On 2/9/13, the property listed for sale. Three “professionals” were involved in the sale; probate attorney, realtor, and escrow company. The decedent purchased...

    Robert’s Answer

    The executor is responsible for administering the estate. There should have been an accounting for the income and expenses of the estate and tax returns filed accordingly. So have the tax returns filed and
    the error corrected. I would attach an explanation to the tax returns and also ask for an abatement of penalties and interest. The escrow company may be responsible for the mistake or maybe the attorney
    but who knows without reviewing the documents.

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  • What does "shall be a separate trust" mean?

    Just trying to understand my trust. According to my trust, upon my death "the Trustee shall divide the Family Trust into as many equal shares as there are..." "Each share or subshare established pursuant to this Paragraph shall be a separate Tru...

    Robert’s Answer

    Separate trusts need to be established and they will not be subject to the separate share rule where one trust is set up with different beneficiaries for each share. The separate share rule really only affects how income is allocated to the beneficiaries so only one trust tax return can be filed. In your case a separate trust tax return is needed for each beneficiary but the bookkeeping may not have to be separate. As stated before, ask the attorney who set up the trust again.

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  • Hi, my question is if do i need permission to use mario bross as my electrical company logo,

    Im starting my own electrical compamy and i was planning to use mario bross as my logo, but im not sure if i legaly can, how can i get a permision and how expensive that is?

    Robert’s Answer

    When the United States was founded, the maximum copyright term was 28 years. "Super Mario Brothers" was registered with the copyright office in January 1986, so if copyrights still lasted for 28 years from the date of registration, the game would be expired and then anyone would be free to re-create the game, as Full Screen Mario does, or to create new games based on its groundbreaking characters, levels and music.

    Unfortunately, in the past 200 years, Congress has dramatically expanded copyright terms. For a work with a corporate author — in this case Nintendo — copyrights now last 95 years. That means "Super Mario Brothers" is scheduled to fall into the public domain in January 2082. And that's assuming Congress doesn't extend copyrights again in the meantime.

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  • Is it legal to pay off a credit card in my name, from a joint bank account that is still open with my ex-husband?

    By divorce decree, my ex husband was to pay off a credit card in my name. The card was being paid off automatically every month from a joint checking account. The divorce decree labeled this as his account, but still has my name on it. He has be...

    Robert’s Answer

    First, read the divorce decree to see what was the time frame to pay off the credit card. Did you violate it? Last, ask your husband to cite you the Federal Law that was violated. I cannot see anything that is a misdemeanor or a felony under the common law but there may be some esoteric bank law that was violated so the best answer is to ask.

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  • If you get a refund on foreign taxes, how do you show it your US taxes?

    I am about to get a tax refund from Canada. However, this refund will reduce the amount of tax against which I earlier claimed a foreign tax credit on my US taxes. Should I file an amended US return? Or disclose the Canadian tax refund as income o...

    Robert’s Answer

    It depends on how big the refund is. If the refund is large file an amended return,

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