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Questions Answered by Matthew Frank Medaglia

1 Answer | Asked in Business Law and Consumer Law for New Jersey on

Q: So i have a question about a case. It was listed on Mcdonalds Website that today only they would be offering this sauce

So i have a question about a case. It was listed on McDonald Website that today only they would be offering this sauce called szechuan dipping sauce and it was only at participating locations from 2pm-10pm. I arrived at one of the few participating locations in New Jersey and much to my dismay they... Read more »

Matthew Frank Medaglia answered on Oct 7, 2017

What would you be suing for? You have no damages.

1 Answer | Asked in Tax Law for New York on

Q: Do I charge a New York State Sales Tax on a 50% Deposit Payment

I will be selling a product as a Pre-Order, buyers will need to make a deposit payment of 50% of the retail price. Do I add the New York State Sales Tax on the deposit invoice or is this done at the end when the final remaining 50% is paid? Buyer will receive a Deposit Payment Invoice and the Final... Read more »

Matthew Frank Medaglia answered on Jul 16, 2017

if you are on the accrual method, you will generally record the sale when it is made. In that case you should collect sales tax at that time.

If you are on the cash method, you should collect sales tax as you receive payments.

Generally, NY wants sales tax when the customer takes...
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2 Answers | Asked in Estate Planning for New Jersey on

Q: IN NJ - if a trust was drawn up and not filed in the court, is it still valid, or is it null and void?

A trust was drawn up 1 month prior to the person's passing. Two sons were named as trustees. Document was signed. Stepson went to attorney who prepared the trust and said he never filed it in court so it was not any good. Stepson is now executor

Matthew Frank Medaglia answered on Jun 21, 2017

Typically the trust doesn't have to be filed in court. The 2 sons who are named trustees will have control over the property in the trust. The executor will have control of the property that goes through probate.

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1 Answer | Asked in Tax Law for New York on

Q: A neighbor of mine has inherited $1.5 Million. Will she have to pay income tax. What percentage?

Matthew Frank Medaglia answered on Jul 21, 2016

No, inheritance in not considered income for income tax purposes. If the inheritance is an Ira or some other instrument with special tax characteristics, then there may be tax consequences to that. Also if there are capital gains after your neighbor gets the assets, those gains are taxable on the... Read more »

1 Answer | Asked in Tax Law for New York on

Q: See detail.Is it illegal for her to use 2 address? Is it legal to use PA address while living in NY?Any further problems

I live in NY & My wife is from PA. We both live & work in NY now. She own a house in PA & she's been using her PA address everywhere except on our medical insurance since my insurance only cover dependent who lives in NY. She used our NY address for the insurance. All her other address are under... Read more »

Matthew Frank Medaglia answered on Jul 6, 2016

As to the insurance contract, the question would be what the insurance contract says. Does it define what living in NY means? It may have a percentage of time or just say that the person needs to be a resident. As she spends more than 50% of the time in NY, she could be considered an NY resident.... Read more »

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