This web page, and the other pages of the website server of David Herzog Legal (“DH Legal”), are provided by DH Legal as a service to the public. It is hoped that the information provided here will be helpful to readers in familiarizing themselves with small businesses, real estate, intellectual property, tax, and issues that may affect them. DH Legal’s website is intended to convey general information and should not be relied upon as a substitute for professional, financial, or legal advice. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. Legal information is not the same as legal advice – the application of law to an individual’s specific circumstances. None of the information contained herein should be construed as legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.
In addition, be aware that the law in DH Legal’s practice areas varies considerably from jurisdiction to jurisdiction (and between states in the United States), so some information in these web pages may not be applicable to your jurisdiction. You should also be aware that we cannot promise that everything on this web site is complete or up to date.
All the materials in this site are provided “as is” and without warranties of any kind either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. DH Legal does not warrant that the content of the site is error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair or correction resulting from any use of the site. In no event will DH Legal be liable for any damages whatsoever, including but not limited to tort, direct, indirect, special, incidental, or consequential damages of any kind. The content of this site may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. DH Legal does not warrant or make any representations regarding the use or the results of the use of the materials in this site. Although DH Legal believes the content to be accurate, complete, and current, DH Legal makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it.
Some of the sites listed as links herein are not under the control of DH Legal. Accordingly, DH Legal makes no representations whatsoever concerning the content of those sites. The fact that DH Legal has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation by DH Legal with respect to such site, its owners, or its providers. Pinnacle is providing these links only as a convenience to you. DH Legal has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, services, or products found on the Internet; and DH Legal cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Will a #Corporation truly insulate you from liability? Answer, along with so much other #smallbiz information: http://t.co/nbeQhA3Nfp
Stop wasting money on #corporations and #LLCs you don't need. Some great information here http://t.co/P2YhB3K22X
Check out this new 5-Star review of me on @yelp http://t.co/Le8v0EpddA
Check out this new #informationhub for #businessentity choices http://t.co/LfdGWECbPM #RSI #businesstips #smallbiz
Solid #SEO info on this @agentsofchange podcast http://t.co/8U2UqRcDi4 Thank you @therichbrooks Consider an SEO Tip of the Week segment.
@therichbrooks Great @agentsofchange Podcast with @thetimhayden on mobile marketing; I learned a lot http://t.co/wCu9RZ24RC
innocent #shareholders' receiving large #dividends are liable for unpaid insolvent #corporate #taxdebt http://t.co/cgKwxc2dUE
#hobbyloss an ordinary loss for this #horsebreeding couple with a #profit motive #taxes http://t.co/lRXqXBj1i7
Bank deposits used to reconstruct income. #IRS wins. Lesson? Keep good #tax records. http://t.co/Hc2BCKRnrb #Taxpayers #smallbiz
@therichbrooks Podcast Ep 82 of #tmap well done; lots of great tips, and was pleased by the call out.
Your #trademark for #wine does not protect you from their #USPTO application that sounds like yours for apple juice: http://t.co/CkCBFsSR19
If you want to take a #deduction for #alimony, you need to have a written FINAL agreement with specific provision http://t.co/IwvJIDYg4Z
A #mortgagebroker is not engaged in a trade or business like a #realestatebroker for #taxes http://t.co/KrJplaLxYc
@therichbrooks You too -- enjoying your podcast #tmap lots of good information.
Check out Anna C.'s review of David Herzog Legal on @yelp http://t.co/kJLeywcZWe
#taxpayers entitled to #taxdeduction for #mortgageinterest where name not on title but living in property http://t.co/NuqLuK4DkW
A fun and instructional 3-minute #video re #partnerships #howto #legal #smallbiz http://t.co/qqe9LYAcHn
#bitcoin is treated as property under #taxlaw. Receipt of #virtualcurrency for #services is #income. http://t.co/4fMteE8MmL
At last! My next video: http://t.co/w4cpfP3mrf Buying and selling a #smallbiz #legal #video #instruction
#taxcourt allowed #taxpayer Ramirez to treat part of his income as #selfemployment allowing him to take #deductions on #taxform Schedule C.
#IRS below-the-radar #penaltyabatement program for first-time #tax late filers/payors http://t.co/qdafP70E
You cannot deduct a #taxloss from the sale of your primary residence #taxes #taxpayers
#IRS is allowed to apply your personal #taxrefund to past #payrolltax obligations of your company.
Extension of time to file #taxes is not an extension of time to pay. There are #taxpenalties for both. #irs #ftb
Reminder to Register for my informal roundtable in SF: Entity Choice for Startups and Small Businesses http://t.co/OtFnrOVU
#Employee still taxed on value of exercised #options even where #biz went #bankrupt 6 months later http://t.co/tcnSXoJe #taxes
Register for Entity Choice for Startups and Small Businesses #constantcontact http://t.co/OtFnrOVU
Entity Choice for Startups and Small Business #constantcontact http://t.co/Fh1NrvuJ
#selfemployed #taxpayer contribution to retirement plan does not reduce #self-employment #tax, just #incometax http://t.co/JY7Alrhf
Do you have experience in finding good-fit fiscal sponsorships for fledgling non-profits? Please contact me if you do.
My latest #food&beverage client opens its first #sanfrancisco shop TODAY - customized sushi at U-Sushi on Market http://t.co/mooR8CWh
#Nonprofits save your setup expenses and consider paying a #fiscalsponsor while you incubate. #startup #legal #corporation #advice
Husband beats wife. Wife cheats on taxes. Husband is #innocentspouse. Penalties! Bad Faith!! #taxcourt drama!!! http://t.co/hHXY6IvJ
#IRS has reopened its #offshore voluntary disclosure program, or #OVDP, may close it at any time http://t.co/BmVNxJHV
Your home #mortgage #lender in #California cannot chase you for #deficiency on a #shortsale. CCP 580e. #legal #realestate #loan #consumer
Adjunct #professor teaching online found to be an #employee http://t.co/6QG22Nr, not #independentcontractor http://t.co/fIoOfot #taxes
Watch this video http://t.co/KtCafQ5 to see if your #smallbiz or #startup should be an #LLC.
#horsebreeding not just a #hobby for couple who seriously tried to make a profit http://t.co/JAkRvNQ Also, see http://t.co/w7n6kOJ #taxes
If #IRS has waited almost 10 years to start #taxcollections from you, don't file an #offerincompromise. Wait it out, #taxpayers.
ATTN STRUGGLING #EMPLOYERS: The #taxpenalty for not paying employment #taxes to #IRS is 100% of the tax! #taxes #smallbiz #advice #officers
#taxdeduction for #theftloss rejected where #ponzischeme victim still had chance of restitution http://t.co/ISJhcad
Honest but unfortunate #taxpayer discharged #taxes in #bankruptcy. http://t.co/QjUyzbH. She filed years ago, but did not pay.
An #LLC in California make sense for #smallbiz grossing less than $250k/yr. #entrepreurs #startup #FTB #bizformation #advice #entity
#smallbiz and #startups: Keep your #CPAs close, but not *too* close, to avoid accuracy #penalties on #taxes. http://1.usa.gov/jWaUKt
Thorough roadmap from #taxcourt on accepting #offerincompromise http://1.usa.gov/kGolI5 #Taxpayers keep records!
#startups be careful when characterizing advances as #loans instead of #equity; IRS will reload if undercapitalized #smallbiz #taxes
The success of the #Rapture, with lessons for your #brand http://t.co/twflxaO via @AddThis #branding #entrepreneurs #emergingbiz
#theftloss #deduction disallowed where #taxper claims his gf tricked him to make #charitablecontributions http://1.usa.gov/lOWGMn #taxes
I'm going to a Meetup with Service Providers Focused on Tech http://meetu.ps/ljhH
#insolvency exception to #taxes on #income for #creditcarddebt forgiveness may save you http://1.usa.gov/14Alcg
#Founders: Don't use your #startup #equity as #compensation; there are alternatives. #entrepreneur #advice #emergingcompany
RT @JamesJetsOften: #Sage #business #entity #advice from @dherzogesq. The illustrations rock. =) http://tinyur… (cont) http://deck.ly/~JEB2h
California #llc gross receipts fee is in addition to $800 FTB fee, and applies even if LLC is taxed as a #corporation. #smallbiz #taxes
50/50 #partnerships are asking for trouble at inception. #smallbiz #entrepreneurs #corporate
#IRS is still forgiving penalties for late filers and payors, but it's much tougher than back in the day. #taxes #tax
Maintain your records for #taxes, or at least be able to prove you have the thing you say you bought. Case in point: http://1.usa.gov/mhlour
#Lawfirm #workers were #employees not independent contractors, subjecting it to #employment #tax http://1.usa.gov/mmIdNz #taxes
#smallbiz and #startups don't talk to anyone without an NDA tailored to your deal. #tech #entrepreneurs
ATTN #taxpreparers: Don't mess with the #IRS: http://1.usa.gov/iD8GB9. Karen Hawkins at OPR is on it!! #taxes #CPA
LLCs can choose to be taxed as an S Corporation, which can save in #taxes. #smallbiz #entrepreneurs #startup
Forgiveness of qualified #realproperty business #debt turns ordinary income #taxes into #capitalgains; "qualified" = purchase/improved.
Beware of advertisers who pose as government agencies to entice #smallbiz to contract for #corporate compliance services.
#founders of #startups be sure to set #equity aside for your #incentive pool early on in your formation #smallbiz #ceo #entrepreneurs
#Entrepreneurs forming entity for existing #smallbiz is step 1. Assets, debts, payroll, leases, etc need to be transferred to new corp.
$1,000,000,000 in debt; anyone want to supplement their DVD collection? http://t.co/W2J9PJi
VC's soured loan to biz associate qualified for bad debt deduction #tax #taxes http://1.usa.gov/fqxqOY #baddebts #deductions
Include #foreignrealestate in your #taxamnesty disclosure only if the #realestate produces income. #tax #taxes #FBAR
An extension of time to file your taxes is not an extension of time to pay #taxes.
When Too Much Entrepreneurship Is A Bad Thing http://t.co/OHGrXOt via @businessinsider Message: EXPERIENCED BELIEVERS WANTED!
Ten Secrets of Successful Business to Business Selling http://t.co/tURGSqq via @BusinessTalk #entrepreneurs
Companies that 100% own subs doing biz in CA may have to register ParentCo with CA Secretary of State #smallbiz.
No two deals are the same. The devil, and the attorney fees, are in the details. #entrepreneurs #smallbiz
Reviewing a contract frequently and usually takes longer than writing it. You've been warned. #smallbiz #entrepreneurs
I'm going to a Meetup with San Francisco Entrepreneur Meetup http://meetu.ps/lyz9