Archive for September, 2010

New Jobs Act Helps Businesses

Friday, September 24th, 2010

This week Congress passed the Small Business Jobs Act of 2010.  It did several things, although it did not address the highly anticipated sunset of the income tax, estate tax and alternative minimum tax rules enacted in 2001 by President Bush.  Looks like we will need to wait until after the election to see if these rules might change at that time.

The new Act does attempt to stimulate some spending by businesses – two accelerated write-offs for businesses can flow directly to the bottom line.

The first changes the “Section 179″ depreciation for 2010 and 2011. This deduction permits an immediate deduction of certain business expenses that would otherwise be deducted over several years.  For 2010 and 2011, small businesses can immediately deduct up to 100% of the cost of up to $500,000 of new or used equipment such as computers, delivery trucks and machinery.  Interestingly, 2010 is almost over, so it seems that Congress is hoping that small businesses will elect to spend significant amounts during the last quarter of 2010 in order to capture this tax benefit this year.

Another benefit includes being able to deduct as much as $250,000 of the $500,000 depreciation amount for leasehold improvements to property.  Lawmakers think that this might help to stimulate the building trades.

Businesses of any size also can get a “bonus” deduction for 2010 and 2011.  This provision allows immediate write-offs for up to one-half of the remaining cost of qualified new equipment. Bonus depreciation may also be used to claim a refund if a business is losing money as compared to a Section 179 deduction that helps only to reduce taxable income (to zero but not below).

Planning for your Collection

Wednesday, September 15th, 2010

Usually, we think about estate planning in a financial sense – How do you, Mr. Client, want to split up your money?  This is important, of course, but what about your favorite collection of beer steins, paintings or pencil erasers?  Yes, I wrote erasers, which was mentioned in a recent article about estate planning.  We know that people collect the oddest things, all of which need to be disposed of at death.

Anyone who has read my blog knows that I am a big proponent of separate writings.  These forms allow you to list in as much detail as you wish who gets each personal item that you own.  All  you need to do is sign and date this form so that it is legally binding.  Absent using a separate writing, your Florida Will or Revocable Trust might very well distribute your “stuff” equally to your children.  This could lead to lots of fighting, especially if your exotic collection is valuable as a whole, but maybe not so value in pieces.

As an alternative, consider either using a separate writing to provide for a disposition of your collection OR include it directly in your Florida Will or Trust.  A drawback to the second option is that a formal Codicil or Trust Amendment may be necessary in order to change your wishes.

If you cannot decide who should get your collection, perhaps you should consider a charitable organization, such as a museum or school.  That way, hundreds, if not thousands, of people can enjoy it.

Self-Help Beware

Sunday, September 12th, 2010

Like a lot of attorneys across the country, I have a few internet profiles on sites like avvo.com.  These sites allow us to give information to the general public about ourselves and our practices.  In an effort to create some interaction with the public, these sites and others give anyone with a computer the opportunity to ask questions, for which we, as lawyers, will volunteer to answer.  In fact, on the right side of this blog, I have linked the questions that I have answered on Avvo.

I am certainly all for self-help; that is what this nation is all about.  We have Lowe’s or Home Depot everywhere you turn, so that basic home improvement projects can be tackled by the weekend warrior.  Of course, we should know that we have our limits, which may mean that we swallow our pride and call a qualified technician when our a/c breaks down in steamy September!

With a couple of keystrokes, you can find just about anything on the internet.   It’s so common that people now often start their research by “googling it.”  Because of this phenomena, self help for the law has become quite the rage.  Unfortunately, the internet contains much misinformation, which can make a self help legal project a nightmare for our clients, as the cost to fix something that was down wrong is usually much more than the cost to do it right from the outset.

That is why I believe that clients who want to learn more about legal issues should do so cautiously – read materials only from credible sources.  Afterwards, consultation an experienced attorney will give that client a worthwhile and thorough experience.  After all, you wouldn’t think about performing surgery on yourself, so why would you want to tackle writing a Florida Will or business contract?