Every family right now is frightened by the magnitude of the coronavirus. They may be thinking about whether or not they should create a Living Trust. For those families with children under 18, an important part of our Trust package is the Will, where you can name a Guardian to care for your children if something should happen to you.
Naming a Guardian and a Creating a Will are parts of our Living Trust package
If both you and your spouse should die, your children will need a Guardian. If you do not leave instructions in the form of a Will, the court will not have any guidance from you, the parents of the children, and will therefore choose the Guardian. While it is painful to think of leaving your children, it can be reassuring to know that in the case of this unlikely eventuality, they will be properly cared for by someone you love and trust.
Using a Trust to control your children’s inheritance
Sometimes it’s not simply a matter of ensuring that your children inherit your estate after you are gone. You may want to guide and control that inheritance–especially if your children are still young. That’s where a Living Trust comes in.
A Living Trust can manage any assets the children receive if their parents die. If you’re worried about your children getting a large sum of money when they are too young to handle the responsibility, as might happen with a Will. You can identify the age at which they will gain control of the funds.
Rather than getting the entire amount at 18, for example, they would gain control of the money when they are older and better prepared to inherit a large sum of money. It’s reassuring to remember that most parents of young children live long enough to see their kids safely to adulthood. But sometimes the unexpected happens. Having a Will or Living Trust in place now can provide peace of mind about your children’s future.
During this health crisis, many are feeling an urgency to create a Living Trust
We service the entire East Bay and North Bay areas
Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.
Jane Matthews built a successful business as a video and movie script writer while homeschooling her nine-year-old autistic daughter and shuttling her 15-year-old son to his accelerated science classes at the local college. Her husband’s sales job means that he travels frequently and is unavailable for day-to-day help with the family’s routine. The flexibility of Jane’s home-based business is what makes this all possible, and now she’s in the direct line of fire from AB-5.
Women may have the most to lose when it comes to AB-5
Women tend to be most in need of the flexible hours that draw them to independent contractor work. For those juggling caregiving and a heavy load of unpaid household work, running a business from home instead of commuting is often the only way they can get everything done. Job flexibility allows them to care for family while pursuing careers and generating an income.
The strategy behind AB-5 is that companies will hire their independent contractors
The new California labor law, AB-5, meant for companies to hire their independent contractors as full-time employees, is being met with heavy opposition. The bill’s sponsor, Assemblywoman Lorena Gonzalez (D-San Diego), tweeted that under the law “if you are a true independent proprietor, you can still operate as one.” Yet that’s not happening. California writers who bid on national projects are being blackballed.
What were they thinking?
While Governor Newsom was a proponent of the law for its efforts to address income inequality, and he signed it into law, we’re left wondering if they really thought this through. An estimated 37% of American workers are independent contractors. Newsom talked about creating collective bargaining and other ways to start raising worker wages. While wage inequity is bringing this country to its knees, putting people out of work cannot be the solution.
Many choose independent contractor status for the flexibility it affords
While many independent contractors would love to be hired as full-time employees to start accruing healthcare, retirement and vacation benefits, many others, like Jane Matthews, choose to be an independent contractor for the flexibility it affords. The list of professions that have traditionally and still are working independently is a long one. Some are familiar, others obscure. Many stand to lose their livelihoods. Think musicians, horse trainers, hair stylists, massage therapists, the people who give piano or ballet lessons to your kids. Churches and nonprofits. A wide range of consultants who are hired for a specific purpose, often for a specific time window. Many seniors who pick up part-time jobs to supplement their social security income will be hurt by this law.
One potential solution: Creating an LLC
CDP is assisting independent contractors in creating LLCs as a strategy to get around this bill. By forming a corporation, workers can retain their independent status—and potentially avoid losing work.
LLCs have become popular because they have fewer formalitiesthan other corporate structures, yet they still provide liability protection.
Forming an LLC is straightforward. In California,the filing fee to form an LLC is $75, which is included in our fee.
An LLC includes an annual$800 franchise tax, and you also will need to get a business license.
Do you have questions about forming a corporation?Contact us today for more information or to schedule an appointment.
Lawmakers promise changes to address worker concerns
California Assemblywoman Lorena Gonzalez continues to defend AB-5, insisting that its intention is to protect those workers who need it the most. Now just a few months into the new year, the law continues to be challenged. Freelance journalists, Uber, Lyft and truckers, among other groups, are involved in litigation.
California Document Preparers is a local Legal Document Assistant firm and we have assisted with organizing small businesses’ LLCs since 2004. We would be pleased to be of assistance.
We charge $599 for our LLC services, which includes:
Articles of Organization filing
Statement of Information
We guide our clients through the Business Formation process and prepare the legal documents. We prepare and file the Articles of Incorporation with the Secretary of State. An LLC can be one or many members—making it ideal for independent contractors. We’re helpful, compassionate and affordable. Schedule an appointment today at one of our three Bay Area offices.
I just read about a taxpayer (in this case, we’re using the term loosely), whom we’ll call Victor. He has a good job, has raised three kids and put them all through college. He saves for retirement. His taxes are regularly withheld from his paycheck, so there are probably no big tax debts from which he is hiding. But he has not been current with the IRS for 30 years.
I do intend to file.” Yet it never quite happens
“I’ve often thought about why I do this,” he said. “I have theories, but none has helped me get past the fear of filing and doing it on time. I rationalize. I think I’m just a small guy and the IRS wouldn’t be interested in me.
Unlike Victor, most of us do file our annual taxes, but it’s generally with some trepidation
For the 37% of American workers who are employed as independent contractors, there is the uneasiness of wondering if they’ve claimed enough in their quarterly filings. No one wants a big surprise during tax season.
But there’s a bigger, more insidious surprise waiting for many unsuspecting taxpayers
The IRS calls them “ghosts”. They’re shady operators that the Internal Revenue Service (IRS) calls “ghosts”. Those who are certified to prepare tax returns for other people have a legally required 2019 Preparer Tax Identification Number (PTIN). Ghosts don’t have a PTIN and don’t sign the returns they work on, leaving their clients holding the bag for any filing falsehoods.
These ghosts are brazen, setting up shop in pop-up offices
Ghosts set up shop around tax time in pop-up offices in malls. They pitch their services at community-gathering places such as churches or clubhouses.
They lure customers with promises of big refunds, often predicating their fees on a percentage of the refund. Real tax preparers base their fees on their time, generally an agreed-upon rate per hour.
They might invent income to falsely claim tax credits or fabricate deductions for business, education or medical expenses.
By the time the IRS catches on, the ghost will have vanished—with your fee
It’s your name on the return, and you’re liable. It may take some time for the IRS to catch up with you and your missing taxes. In the meantime, you will be accruing penalties and interest.
Some ghost preparers take the scam a step further, stealing refunds outright by routing them into their own bank accounts. Other tax prep fraudsters work online, sending phishing emails that appear to be from tax pros, or creating impostor websites that claim to prepare and e-file your return.
The Federal Trade Commission (FTC) warns:
“These websites looks legitimate,” but “they’re set up to collect personal information that can be used to commit fraud,” including identity theft.
Here are some red flags. Be very suspicious if your tax preparer:
Asks for payment in cash.
Has an excuse why you won’t receive a receipt.
Bases fees on a percentage of the refund. Tax preparers base their fees on their time.
Wants the refund deposited in his or her bank account. Ridiculous.
Marks your return as “self-prepared” or affixes a business label rather than signing the form by name. A certified preparer will have a PTIN.
One more thing: IRS robocalls
Who hasn’t received an intimidating phone call that starts with “This is the IRS”. Hang up and report it—this is a robocall. Never return a phone call from someone claiming to be the IRS. The IRS never discusses personal tax issues through unsolicited emails, texts or over social media.
We look forward to assisting our clients with their uncontested legal matters
I recently came across David Brooks’s column in The New York Times asking his readers to define their purpose in life. While many were overachievers with lofty themes about changing the world, others found fulfillment in simply living and creating small, happy lives.
I have always wanted to be kind
One story comes from a man whose most precious possession was a banged-up tin pot that he kept carefully wrapped in cloth as though it were fragile. The message? We do not all have to shine. We don’t all have to be doing something big and important. Another response: “I have always wanted to be effortlessly kind. I wanted to raise children who were kind.”
A response from someone who survived the Nazi death camps notes that a predominant quality of these survivors was generosity. Everywhere there are tiny, inconsequential opportunities to be generous and kind.
Another woman writes: “I used to be one of the solid ones”
“Now my purpose is simply to be the person who can pick up the phone and give you 30 minutes in your time of crisis. I can edit your letter. I can listen to you complain about your co-worker. I can look you in the eye and give you a few dollars in the parking lot. I am not upset if you cry.” Think about it. Just being there for someone. In a time when we have to go to our calendars to simply schedule a telephone call, this is really quite a lot.
One gentleman has always admired the fiercely successfully people who make things happen, but he’s chosen to live his life on a much smaller scale and found happiness. “I have a terrific wife, five kids, friends from grade school and high school, college, army, friends locally, and sometimes, best of all, horses, dogs and cats. Finally, I have a small industrial business that I started and have run for 40 years.”
An 85-year old chronicles his life by the seasons in his garden
“I am thankful to be alive. I have a responsibility to myself and those around me to give meaning to my life from day to day. I enjoy my family (not all of them) and a shrinking number of old friends. If there is one thing that keeps me focused, it’s the garden. Lots of plants died during the harsh winter, but, amazingly, the clematises and the roses are back, and lettuce, spinach and tomatoes are thriving in the greenhouse. The weeping cherry tree in front of the house succumbed to old age. I still have to plant a new tree this year. There is something beautiful, concrete and well-proportioned about tending that garden.”
For this older gentleman, the garden becomes a metaphor for the seasons of his life.
We look forward to assisting our clients with their uncontested legal matters