News & Resources

Monthly Archives: July 2017

Florida Statute Allows Removal of Certain Occupants of Real Property Without a Lawsuit

Posted on Jul 31, 2017 in Real Estate

Florida’s landlord-tenant laws have long grappled with the competing goals of providing property owners with efficient means of removing non-paying tenants or trespassers while minimizing potential abuse of bona fide tenants. The Florida Legislature took a step toward modernizing the process of removing unwanted persons from real property in 2015 by enacting Section 82.045, Florida Statutes, which allows for the potential removal of persons who qualify as “transient occupants” of property without the need to file a legal proceeding. While this statute has not garnered widespread attention since its enactment, property owners should be aware of its potential impact on […]

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Internal Revenue Code Section 1031 Tax Deferred Exchange (Part II)

Posted on Jul 31, 2017 in Real Estate

An opportunity to defer taxes and build wealth arises when and individual or entity sells an investment property for more than he or it purchased it for. Generally, tax on the seller’s capital gain is due upon the sale of property. However, Internal Revenue Code Section 1031 provides an exception to this rule and allows a seller of investment property (referred to here as the “Relinquished Property”) to re-invest his proceeds into another investment property (referred to here as the “Replacement Property”) as part of a qualifying “like-kind” Exchange. Often misunderstood by taxpayers, capital gain deferred in an Exchange is […]

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Donating Encumbered Property to Charity: Is it Too Good to be True? Perhaps…

Posted on Jul 20, 2017 in Estate Planning

There are many reasons why a donor would want to contribute encumbered property to charity.  Perhaps the property is perfect for the needs of a particular charity, or this may be the only property a donor owns that he is willing to donate.  Whatever the reason may be, before a donor decides to donate property that is encumbered to charity, he should consult with a professional to determine the potential tax ramifications of the donation. For instance, assume Donor purchased a parcel of real property years ago that was used for business purposes.  Over the years, Donor sold the property […]

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Florida Liquor License Types Explained

Posted on Jul 20, 2017 in Corporate Litigation

To sell liquor, beer or wine in Florida, you must apply for a license from the Florida Division of Alcoholic Beverages and Tobacco Bureau of Licensing (the “Division”).  The Division offers several types of licenses.  I have had several clients reach out to me after finding themselves stuck in the convoluted and confusing licensing process. As a starting point, if you are a new business in South Florida wanting to sell alcohol beverages, including beer, wine, or spirits, you need to determine what type of alcohol or liquor license is appropriate for your intended operations. As I mentioned above, there […]

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Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act

Posted on Jul 5, 2017 in Corporate Litigation

DISCLAIMER — This is not an advertisement. THIS IS NOT LEGAL ADVICE. Nothing contained herein shall be deemed or construed to create an attorney-client relationship. You should seek independent counsel to advise you regarding your specific situation, and IN NO EVENT ARE YOU TO RELY ON ANYTHING CONTAINED HEREIN FOR ANY PURPOSE. Dissociating from a Multi-Member Limited Liability Company under Florida’s Revised Limited Liability Act Florida’s Revised Limited Liability Act (the “Act”), codified in Florida Statutes Chapter 605, became effective on January 1, 2014. It applies to all limited liability companies formed or registered to do business in Florida after […]

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