News & Events

EXIMEX, INC. HIRES DAN KEHR OF KEHR LAW AS ITS NEW CHIEF LEGAL COUNSEL

Tuesday, July 20th, 2010

Published in the San Diego Business Journal on Monday July 12, 2010. To read the published announcement click on the embedded link, visit http://Kehrlaw.com or visit the San Diego Business Journal Online.SDBJ Article – Eximex, Inc. Hires Dan Kehr of Kehr Law as Chief Legal Counsel (7-12-10)

RECENT PUBLISHED ARTICLE Written by Attorney Dan Kehr & Published in San Diego Daily Transcript on May 4, 2010

Tuesday, July 20th, 2010

RECENT PUBLISHED ARTICLE Written by Attorney Dan Kehr & Published in San Diego Daily Transcript on May 4, 2010. Click on the link to read the article. Article Written by Dan W. Kehr, Esq. Published in San Diego Daily Transcript on May 4, 2010

15 Business Tax Deductions

Wednesday, May 26th, 2010

15 SMALL-BUSINESS TAX DEDUCTIONS

1. Auto expenses: You may deduct mileage, parking fees and tolls for business use of your car. Most people take the standard mileage rate deduction because the record keeping requirements are less burdensome, but actual expenses often yield a larger deduction, says Fawaz. Keep track of the mileage, odometer start and finish for each trip, destination, the starting point and business purpose. “The actual expense method often yields a higher deduction, including repairs, insurance, maintenance and depreciation for the business portion of use,” Fawaz says.
2. Equipment, furniture and supplies: Look at your purchases and ask your tax preparer to run the calculations to see if you should expense it or depreciate it. But don’t overdo it, says Clare Wherley, a certified financial planner and certified public accountant with Lassus Wherley in New Providence, N.J. “I’ve often had to caution the entrepreneur that buying a piece of equipment just to get a tax deduction isn’t good business sense.”
3. Professional and legal expenses, and association dues:Professional and legal expenses are deductible, but if the costs are part of startup expenses, you may need to amortize the cost over 60 months. Association dues may include a portion for political contributions or lobbying, so those can’t be deducted, Fawaz says, noting the association must disclose this amount or percentage.
4. Expenses to start up or expand your business: The biggest mistake in deducting expenses to start up or expand your business is failing to make an election to amortize or deduct these expenses in the first year. A paper election is required to be attached to the return, stating your intention to amortize them, Fawaz says. Otherwise, the expenses become nondeductible until you sell or liquidate the business.
5. Professional publications and software: Here again, the common error is taking the cost as an expense instead of amortizing, Fawaz says. Software licensing fees, for example, should be capitalized and amortized over 60 months unless it has a life of only one year, such as an annual maintenance agreement. Professional publications should be amortized over the subscription period if prepaid.
6. Gifts and advertising: Client gifts are deductible up to only $25 per gift. And if you advertise, deductions taken for costs that cover multiple-year contracts must be spread over all the contract years, Wherley says.
7. Home office: If you have a legitimate home office, don’t be afraid to deduct it. To qualify, the room must be used exclusively for business. It can’t double as a spare bedroom or toy room for your kids. You can deduct a portion of rent, utilities, insurance, taxes, maintenance, professional cleaning, depreciation and interest. State tax deductions will vary.
8. Telephone and internet: Any dedicated services for your business are deductible. If you use your home or personal cell phone for business, you may only deduct the portion used for business purposes.
9. Education and training: You may deduct the cost of continuing education or certification for the business you’re already in, but education that qualifies you for a new line of business is not deductible, Fawaz says.
10. Bad debts: A bad debt is only deductible if the income has been declared. Wherley offers this example: A business owner bills a client in December 2009 and declares that income on his 2009 return. By the end of 2010, he realizes he will not be paid by that client. So in 2010, he can take a bad debt deduction for the income previously declared. If that income was not declared, he can’t take the bad debt deduction.
11. Interest on loans: You can fully deduct interest on loans for your business. If you have a loan from a relative, make sure it conforms to IRS rules.
12. Entertainment and travel expenses: Keep excellent records here, and keep a log of who you met, why, where, when and for what business purpose. “Only 50 percent of meals and entertainment costs is deductible, and none of the costs associated with country club memberships are deductible,” Wherley says.
13. Taxes and Social Security: State taxes paid are a healthy deduction; just don’t allow yourself to be surprised by how high Uncle Sam’s bill may be. “I often advise setting aside 50 percent of net income to cover everything,” Wherley says. “If there is something left over, the refund is that much sweeter.”
14. Insurance: Insurance premiums for the business for one year or less are deductible currently, while excess prepaid premiums are deductible in subsequent years, Fawaz says.
15. Charity: Save all your receipts, and don’t forget to keep track of contributions of inventory or property.

Article Published in San Diego Daily Transcript May 4, 2010 – Written by Dan W. Kehr, Esq.

Tuesday, May 11th, 2010

Article Published in San Diego Daily Transcript May 4, 2010 – Written by Dan W. Kehr, Esq.Article Written by Dan W. Kehr, Esq. Published in San Diego Daily Transcript on May 4, 2010

NO MORE STATE TAX ON FORGIVEN DEBT

Tuesday, April 13th, 2010

NO MORE STATE TAX ON FORGIVEN DEBT
Distressed homeowners no longer have to pay California state income tax on debt forgiven in a short sale, foreclosure, or loan modification. Enacted into law yesterday, Senate Bill 401 generally aligns California’s tax treatment of mortgage debt relief income with federal law. For debt forgiven on a loan secured by a “qualified principal residence,” borrowers will now be exempt from both federal and state income tax consequences. The existing federal exemption is for indebtedness up to $2 million, whereas the new California exemption is for indebtedness up to $800,000 and forgiven debt up to $500,000.
“Qualified principal residence” indebtedness is defined as debt incurred in acquiring, constructing, or substantially improving a principal residence. It includes both first and second trust deeds. It also includes a refinance loan to the extent the funds were used to payoff a previous loan that would have qualified.
The tax breaks apply to debts discharged from 2009 through 2012. Californians who have already filed their 2009 tax returns may claim the exemption by filing a Form 540X amendment.

Taxpayers who do not qualify for the above exemptions (e.g., second home or rental property) may nevertheless be exempt under other provisions. Most notably, taxpayers who are bankrupt are exempt from debt relief income tax. Also, taxpayers who are insolvent are exempt from debt relief income tax to the extent their current liabilities exceed current assets.
For more information about mortgage forgiveness tax consequences, go to California Franchise Tax Board’s Mortgage Forgiveness Debt Relief Extended webpage and the Internal Revenue Service’s Mortgage Forgiveness Debt Relief Act and Debt Cancellation webpage. The full text of Senate Bill 401 is available at www.leginfo.ca.gov.

KEHR LAW
501 W. Broadway
Suite 800
San Diego, CA 92101
Office: (619) 400-4942
Fax: (619) 400-4952
Cell: (619) 823-8230
Email: dan@kehrlaw.com
Website: http://www.kehrlaw.com

Mr Credit Radio Premiers Today at Noon on San Diego 1700AM

Tuesday, April 13th, 2010

Listen live at www.sd1700.com or tune in to 1700AM on your radio dial to start accumulating all the information you need to have a higher credit score, save money and lead a more stress-free financial life!

Mr Credit Radio will be on every day, Tuesday through Friday. You don’t want to miss it!

$18,000 IN COMBINED HOMEBUYER TAX CREDITS FOR A LIMITED TIME

Wednesday, March 31st, 2010

Kehr Law provides our clients with a single resource to address a wide variety of legal concerns present throughout every stage of life. Kehr Law takes pride in achieving unparalleled success for our clients by providing first class legal service and representation, through accessible, personalized service and technologically advanced resources. We provide our clients with tenacious, yet cost-effective legal representation. Our innovative fee arrangements and payment plans allow our clients to surpass their goals in a financially prudent and expeditious manner. Through honesty, integrity, ethics, and on our unrelenting drive to attain perfection, we seek to return the legal field to the “helping-profession” for which it was originally venerated. Our global network of professionals, advisors and consultants enables Kehr Law to meet and exceed our client’s expectations. We provide our clients with the necessary framework enabling them to operate with confidence, stability, and a high-degree of predictability.

For additional information about our Kehr Law, our practice areas, or our services please contact us by telephone at (619) 400-4942 or via email at dan@kehrlaw.com.

KEHR LAW
501 W. Broadway
Suite 800
San Diego, CA 92101
Office: (619) 400-4942
Fax: (619) 400-4952
Cell: (619) 823-8230
Email: dan@kehrlaw.com
Website: http://www.kehrlaw.com

Article:
Californians have a brief window of opportunity to receive up to $18,000 in combined federal and state homebuyer tax credits. To take advantage of both tax credits, a first-time homebuyer must enter into a purchase contract for a principal residence before May 1, 2010, and close escrow between May 1, 2010 and June 30, 2010, inclusive. Buyers who are not first-time homebuyers may use the same timeframes to receive up to $16,500 in combined tax credits if they are long-time residents of their existing homes as permitted under federal law, and they purchase properties that have never been previously occupied as provided under California law.
Under the federal law slated to soon expire, a first-time homebuyer may receive up to $8,000 in tax credits, and a long-time resident may receive up to $6,500, for certain purchase contracts entered into by April 30, 2010 that close escrow by June 30, 2010. Additionally, under a newly enacted California law, a homebuyer may receive up to $10,000 in tax credits as a first-time homebuyer or buyer of a property that has never been occupied. The new California law applies to certain purchases that close escrow on or after May 1, 2010 (see Cal. Rev. & Tax Code section 17059.1(a)(4)). California law generally allows buyers of never-occupied properties to reserve their credits before closing escrow, but buyers seeking to combine the federal and state tax credits will not be able to satisfy the timing requirements for such reservations (see Cal. Rev. & Tax Code section 17059.1(c)(1)(A)). Other terms and restrictions apply to both tax credits.

Kehr Law provides our clients with a single resource to address a wide variety of legal concerns present throughout every stage of life. Kehr Law takes pride in achieving unparalleled success for our clients by providing first class legal service and representation, through accessible, personalized service and technologically advanced resources. We provide our clients with tenacious, yet cost-effective legal representation. Our innovative fee arrangements and payment plans allow our clients to surpass their goals in a financially prudent and expeditious manner. Through honesty, integrity, ethics, and on our unrelenting drive to attain perfection, we seek to return the legal field to the “helping-profession” for which it was originally venerated. Our global network of professionals, advisors and consultants enables Kehr Law to meet and exceed our client’s expectations. We provide our clients with the necessary framework enabling them to operate with confidence, stability, and a high-degree of predictability.

For additional information about our Kehr Law, our practice areas, or our services please contact us by telephone at (619) 400-4942 or via email at dan@kehrlaw.com.

KEHR LAW
501 W. Broadway
Suite 800
San Diego, CA 92101
Office: (619) 400-4942
Fax: (619) 400-4952
Cell: (619) 823-8230
Email: dan@kehrlaw.com
Website: http://www.kehrlaw.com

How to start an LLC

Tuesday, March 30th, 2010

STARTING A LIMITED LIABILITY COMPANY (LLC)

This Guide has been prepared by DAN W. KEHR, ESQ. for informational purposes only and does not constitute advertising, a solicitation, or legal advice. Transmission of the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. Readers should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in the reader’s state. The information contained in this Guide is provided only as general information which may or may not reflect the most current legal developments; accordingly, information in this Guide is not promised or guaranteed to be correct or complete. DAN W. KEHR, ESQ. and KEHR LAW expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Guide.

KEHR LAW
501 W. Broadway, Suite 800, San Diego, CA 92101
(619) 400-4942 Tel • (619) 400-4952 Fax
dan@kehrlaw.com
www.kehrlaw.com


If you are thinking of starting a limited liability company (LLC), below is a checklist of steps to take before you open for business. Keep in mind that your LLC’s start-up requirements might vary from the list below, depending on the specific type of business you are in, and where your business is located.

1. Decide on a business name for your Limited Liability Company (LLC). In most states, “LLC,” “Limited Liability Co.,” or a similar variation must be included in the LLC’s business name.

2. Search availability of your LLC’s chosen business name, and for similarity to existing names. Call Kehr Law today to find out how to make sure your proposed business name is available.

3. Hire a qualified business attorney to set up and represent your LLC. This is probably the most important step in starting your LLC. Do not hire or pay an online company that promises to set up your LLC for a cheap fee. Typically these companies do not provide you with a qualified business attorney or any legal advice whatsoever. A qualified business attorney should save you thousands more than you spend on them.

4. A qualified business attorney will prepare and file your LLC’s Articles of Organization with the Secretary of State office in your state, track its progress and obtain a new Federal Employer Identification Number (FEIN or EIN) for your new LLC from the IRS.

5. A qualified business attorney will also draft and prepare not only your LLC’s Operating Agreement, but also all of your LLC’s initial company records and Minutes as required under state law.

6. In addition, a qualified business attorney will also help you obtain all of the proper business licenses and permits for your LLC from:

• The IRS;
• The federal government;
• Your state government;
• Your local government.

7. Follow all legal requirements for running a LLC. To learn more about running a corporation, keeping the minutes and your other annual legal requirements, contact Kehr Law at (619) 400-4942 or dan@kehrlaw.com. We offer this service to all of our corporate clients and would be happy to answer any questions you may have regarding the foregoing.

Forming a limited liability company (LLC) can benefit to your new business in the long run, but the process can be complicated. To ensure that your new business complies with your state’s legal requirements at all steps in the LLC formation process, you should always consult with an experienced and qualified business attorney. Contact Kehr Law at (619) 400-4942 or dan@kehrlaw.com for a free consultation!

How to start a corporation

Tuesday, March 30th, 2010

STARTING A CORPORATION

This Guide has been prepared by DAN W. KEHR, ESQ. for informational purposes only and does not constitute advertising, a solicitation, or legal advice. Transmission of the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. Readers should not rely upon this information for any purpose without seeking legal advice from a licensed attorney in the reader’s state. The information contained in this Guide is provided only as general information which may or may not reflect the most current legal developments; accordingly, information in this Guide is not promised or guaranteed to be correct or complete. DAN W. KEHR, ESQ. and KEHR LAW expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of this Guide.

KEHR LAW
501 W. Broadway, Suite 800, San Diego, CA 92101
(619) 400-4942 Tel • (619) 400-4952 Fax
dan@kehrlaw.com
www.kehrlaw.com


If you are thinking of starting a corporation, below is a checklist of steps to take before you open for business. Keep in mind that your corporation’s start-up requirements might vary from the list below, depending on the specific type of business you are in, and where your business is located.

1. Decide on a business name for your corporation. Keep in mind that your state may require that your corporation’s name include an identifying word such as “incorporated,” “limited,” “corporation,” or an abbreviation of such a term.

2. Search availability of your corporation’s chosen business name, and for similarity to existing names. Call Kehr Law to find out how to make sure your proposed business name is available.

3. Pick a place to incorporate. Call Kehr Law to find out which state is the right place for your business to incorporate.

4. Choose directors and officers for your corporation. In California you are required to have at a minimum, a President/CEO, Secretary and a Treasurer.

5. Hire a qualified business attorney to set up and represent your corporation. This is probably the most important step in starting your corporation. Do not hire or pay an online company that promises to set up your corporation for a cheap fee. These companies will not provide you with a qualified business attorney, and direction on how to complete the required corporate formation documents, or provide you with any legal advice whatsoever. A qualified business attorney should save you thousands more than you spend on them.

6. A qualified business attorney will prepare and file your corporation’s Articles of Incorporation with the Secretary of State’s office in your state, track its progress and obtain a new Federal Employer Identification Number (FEIN or EIN) for your new corporation from the IRS.

7. A qualified business attorney will also draft and prepare not only your corporation’s by-laws, but also all of your corporation’s initial company records, Minutes and filings as required under state law. For example, in addition to drafting and filing your corporation’s Articles of Incorporation and drafting your corporation’s Bylaws Kehr Law will:

• Help you determine if your corporation should Elect “S” corporation tax status, and when appropriate, file your corporation’s IRS Form 2553, as required under Federal Tax Laws;
• Help you open a separate business bank account for your corporation;
• Open a separate bank account for your corporation.
• Start a minute book for your corporation’s meetings;
• Hold your first board of directors’ meeting;
• Issue certificates to your corporation’s initial stockholders;
• Obtain business licenses and permits for your corporation from:

o The federal government;
o Your state government; &
o Your local government.

8. Create a Shareholder’s Agreement or Buy-Sell Agreement, if necessary.

9. Follow all legal requirements for running a corporation. To learn more about running a corporation, keeping the minutes and your other annual legal requirements, contact Kehr Law at (619) 400-4942 or dan@kehrlaw.com. We offer this service to all of our corporate clients and would be happy to answer any questions you may have regarding the foregoing.

Incorporating can be a long-term benefit to your new business in the long run, but the process is complicated. To ensure that your new business complies with your state’s legal requirements at all steps in the incorporation process, you should always consult with an experienced and qualified business attorney. Contact Kehr Law at (619) 400-4942 or dan@kehrlaw.com for a free consultation!

IRS tells homeowners how to get tax relief if a lender forgives part of their debt

Thursday, March 25th, 2010

Reduction of mortgage principal, usually considered taxable income, is expected to become more prevalent as the Obama administration and banks seek ways to prevent foreclosures.
By Kenneth R. Harney
March 14, 2010
Reporting from Washington
With the Obama administration and private lenders actively considering mortgage-principal-reduction programs to help financially distressed homeowners, the Internal Revenue Service has issued an advisory to taxpayers who receive — or seek to receive — such assistance if it’s offered.

The IRS gets involved in mortgage principal write-downs because the federal tax code generally treats any forgiveness of debt by a creditor in excess of $600 as ordinary taxable income to the recipient.

However, under legislation that took effect in 2007, certain home mortgage debt cancellations — such as through loan modifications, short sales or foreclosures — may be exempted from tax treatment as income.

Sheila C. Bair, chairwoman of the Federal Deposit Insurance Corp., recently confirmed that her agency was working on a new program to expand the use of principal mortgage reductions to keep underwater borrowers out of foreclosure.

Most major banks and mortgage companies have preferred monthly payment reductions and other loan modification techniques over cuts of principal balances, but a handful have made limited use of the concept.

One of the largest servicers of subprime home loans, Ocwen Financial Services of West Palm Beach, Fla., has strongly advocated principal reductions to keep people out of foreclosure, and claimed broad success with them. Ocwen President Ron Faris testified to a congressional subcommittee this month that borrowers with negative equity were as much as twice as likely to re-default after a standard payment-reduction loan modification than those who receive partial forgiveness on their principal debt.

But what are the tax implications when your lender essentially says: OK, we recognize that you’re underwater, maybe you’re thinking about walking away, and we’re going to write off some of what you owe to keep you in the house?

IRS guidance issued March 4 spelled out step by step how financially troubled and underwater borrowers can qualify for tax relief when a lender agrees to lower their debt. Here are the basics, should you be considering a short sale or loan modification involving principal reduction.

First, be aware that the federal tax exclusion only applies to mortgage balances on your principal residence — your main home — and not on second homes, rental real estate or business property. The maximum amount of forgiven debt eligible under the law is $2 million for married taxpayers filing jointly and $1 million for single filers.

But there are some potential snares: Your debt reduction can only be for loan amounts that you’ve used to “buy, build or substantially improve your principal residence.” This includes refinancings that increased your total mortgage debt attributable to renovations and capital improvements of your house. But if you used the proceeds for other personal purposes, such as to pay off credit card bills, buy cars or invest in stocks, the mortgage debt attributable to those expenditures is not eligible for tax exclusion.

When your lender forgives all or part of your mortgage balance, the lender is required by law to issue you an IRS Form 1099-C, a “Cancellation of Debt” notice, which is also sent to the IRS. The form shows not only the amount of debt discharged but the estimated fair market value of the house securing the debt as well.

A few other noteworthy features of the IRS rules: If you’ve been foreclosed upon or you do a short sale and lose money in the process, don’t claim a tax loss on your federal filing. The IRS will turn you down. However, if you go to foreclosure and your lender agrees to cancel all or part of the unpaid mortgage balance as part of the deal, then you can file for an exemption from the IRS.

What if your lender reduces the debt on your house but you continue to own the property and live in it? There’s a tax wrinkle in the fine print: The IRS will require you to reduce your “basis” in the house — your “cost” for tax purposes — by the amount of the forgiven debt. But that’s not likely to be a big concern for most homeowners digging their way out.

Finally, if you want to claim the debt-forgiveness exemption, download IRS Form 982 at www.irs.gov and attach it to your return for the year in which the debt was forgiven. And don’t assume that this tax code benefit to homeowners will be around forever. It expires at the end of 2012.

kenharney@earthlink.net.

Distributed by the Washington Post Writers Group
Copyright © 2010, The Los Angeles Times