Eric Steven Day's answer It seems that if you paid her (a deduction) so that she could pay you rent (income), there would be some sort of wash there with the income offsetting the deductions. The way this might benefit you, is this could then be treated as a rental and you would be able to depreciate the property. However, for her to be considered an employee, there would have to be some business purpose that she is performing on behalf of the LLC.
Matthew Williams' answer You can request a continuance and the court will probably grant it. But, the court can deny it. If you are the plaintiff and you don't want to pursue it, you can simply not show up and it will get dismissed. But, be careful about doing so. If the other side has made any claims against you, your failure to appear could result in summary judgment in their favor.
Joseph Jaap's answer It depends on the company documents and what they specify for resolving disputes. If a dispute cannot be resolved, then you can sue in court to terminate the company and distribute the assets between the two partners. Use the Find a Lawyer tab to retain a local attorney who handles business litigation.
Joseph Jaap's answer Use the Find a Lawyer tab to retain a real estate attorney in OH to review the lease and the facts and advise you if you have a basis to try to terminate the lease or to sue in small claims court to recover any amounts paid to landlord. Or landlord could sue you for the rent, minus any rent collected from a new tenant. Landlord also could make an adverse entry on your credit report, lowering your credit score and making it difficult to rent from a landlord who checks your credit.
Joseph Jaap's answer An Ohio LLC can be created on-line with the Ohio Secretary of State. But you should retain a local attorney in OH to discuss setting up and operating the LLC properly and property ownership. You also should consult your tax advisor regarding the different options that can be elected for federal income taxes and other tax issues, including OH state taxes. Those depend on your particular tax situation. Use the Find a Lawyer tab to consult a local OH attorney where the property is located.
Joseph Jaap's answer Who is telling you to do that? If it is the company's attorney or accountant advising you to do this, get a second opinion if you are uncomfortable. As president, you have certain fiduciary duties under Ohio law, and so the company should have both an attorney and a tax adviser to provide appropriate advise when such questions arise. Use the Find a Lawyer tab to retain a business attorney to represent the company in its affairs. The attorney can probably recommend a business tax accountant.
Joseph Jaap's answer There can be many reasons for creating a new LLC to conduct a new business activity. Use the Find a Lawyer tab to retain a local business law attorney to review your situation and plans, and advise you. You also should consult a business tax accountant, and a business insurance adviser.
Joseph Jaap's answer You need to talk to a tax advisor. Tax issues are complicated, and depend on your specific situation that your advisor will have to analyze to be able to give you any answers at all. The IRS has very specific criteria for claiming a dependent.
Joseph Jaap's answer Probably not - but only if it went to court, and the court decided in your favor. But a new employer might want to avoid the potential problem and refuse to hire you, or fire you if the other employer notifies them. Use the Find a Lawyer and retain a local employment law attorney to review the non-compete and advise you.
Joseph Jaap's answer Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
Bruce Martin Broyles' answer No written lease also means that you have not secured a right to self help repossession. You do not have a lien on his tools. You should probably have an attorney speak with his attorney and arrange for the tools to be returned in exchange for the payment of past due rent owed.
Matthew Williams' answer Get a lawyer to help you with this. Opening the company is fairly straightforward, but there are lots of regulations concerning the packing and sale of these products and you need to be familiar with them.
Joseph Jaap's answer If you have this question and are selling a business, and now have a potential legal claim, you should retain a local business law attorney to review all the facts, evaluate any claim, assist you with the sale. Use the Find a Lawyer tab.
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