UPDATES TO ALERT – Regarding Tax Changes for 2023 Directed to Venmo and PayPal Users Originally Posted December 17, 2022

e-commerce tax changes

E-Commerce Platforms Impacted by Recent IRS Announcement

PUBLISHER’S NOTE: After publishing an article on this blog on December 17, 2022, the I.R.S. made a change as to the effective date for the “gig-tax” rule discussed. Please read the update below.

UPDATE: I.R.S. Makes Tax Changes for E-commerce Platforms, Pauses Requirement for 1099s

e-commerce tax changesOn December 23, 2022 the I.R.S. paused the requirement that e-commerce platforms such as PayPal, Venmo, Etsy and Airbnb send 1099s to any users who had gross income through the app of at least $600 in 2022.

Previously, e-commerce users received 1099s if they had gross income for the year of at least $20,000 or at least 200 transactions. As part of the American Rescue Act, in March of 2021 Congress changed the threshold to $600, to take effect in 2022. Now the I.R.S. had instituted a one year delay for the law to go into effect. According to the I.R.S., this delay is to help reduce confusion during the 2023 tax-filing season and provide more time for taxpayers to prepare and understand the new reporting requirements.

Keep in mind that this delay does not affect what income is taxable, only how much information is reported by … Read More... “UPDATES TO ALERT – Regarding Tax Changes for 2023 Directed to Venmo and PayPal Users Originally Posted December 17, 2022”

Updated Guardian Ad Litem Rules in Ohio

guardian ad Litem new amendments

New Guardian Ad Litem Changes Coming to Ohio

Did you know the Supreme Court of Ohio Added New Amendments to Guardians ad Litem? New Changes, Requirements and Redefinitions Explained

guardian ad Litem new amendmentsAs of January 1, 2021, the Supreme Court of Ohio added new amendments regarding Guardians ad Litem, or GALs, including a redefinition of the responsibilities for those appointed as GALs, new training requirements, as well as the penalties for unauthorized disclosure of GAL reports once they are complete.

It is important for attorneys in Ohio appointed as Guardians ad Litem to know and understand the changes made at the beginning of this year.

A Refresher

A “Guardian ad Litem” (GAL) is an individual who is appointed by the court to assist with determining the best interest of the child in domestic relations and juvenile cases. This person is usually an attorney (though in the state of Ohio this is not a requirement) who represents only the child and no other parties involved.

It is the job of the GAL to conduct a thorough investigation on behalf of the child they are representing. In a previous post from September of 2018, “Blast From The Past”: The Role and Functions … Read More... “Updated Guardian Ad Litem Rules in Ohio”

ESTATE TAX CHANGES AHEAD? THE TIME TO GIFT MAY BE NOW…

exclusion amount estate planning gift taxes

Will The Basic Exclusion amount Be Lowered For Estate/Gift Taxes in 2021?

President Biden Proposes Lowering The Basic Exclusion Amount For Estate/Gift Taxes – What Does This Mean For Your Wealth?

exclusion amount estate planning gift taxesWith President Biden now in office, many are expecting Congress to enact changes to gift, estate and/or income tax laws to generate revenue. What are some of those changes and what do they mean to the state planner?

President Biden has proposed lowering the basic exclusion amount for estate/gift taxes, which was almost doubled in 2017. The exclusion amount in 2017 was $5.49 million and in 2020 it was $11.58 million. For spouses, that amount is basically doubled to approximately $23 million. During his campaign, Biden proposed lowering the exclusion amount to $3.5 million and increasing the potential estate tax from 40 percent to 45 percent. Some have predicted that Congress will reduce the exemption to $5 million, which was the amount of the exclusion (adjusted for inflation) before the Tax Cuts and Jobs Act of 2017.

Either way, this could result in a tremendous tax hit for the extremely wealthy. That is why many estate planning attorneys are advising their clients with great wealth to make gifts … Read More... “ESTATE TAX CHANGES AHEAD? THE TIME TO GIFT MAY BE NOW…”

Texting While Driving Ban Now in Effect in Ohio

New Ohio Texting Law Focuses On Minors Under The Age Of 18

textingThe new Ohio texting ban went into effect on January 1, 2013. No longer are police just issuing warning tickets as they had been doing since September 2012.  After reviewing H.B 99 it’s fairly evident that the law primarily focuses on minors under the age of 18.

Strict Enforcement for Minors:

The new law makes texting, emailing, talking on your phone through any method, using computer, laptop, tablet, playing video games, or using a non-hands free GPS while driving a primary offense.  A “primary offense” means that any of the above acts can trigger a traffic stop and ticket.  This gives great authority to police officers executing this portion of the law.  Merely witnessing a minor with an electronic device in a vehicle is almost immediate grounds for a traffic stop. If you are a minor, you had better put your phone away while diving!

The penalties that result from one of these violations are very steep for minors.  For a first offense, minors face a 60-day license suspension, and a $150 fine.  Each subsequent violation renders a $300 fine and a one-year license suspension.

The Opposite … Read More... “Texting While Driving Ban Now in Effect in Ohio”

ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

child_support_law.jpgTucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation. If so, a pre-suspension notice, giving the parent the opportunity to pay up will be sent. A parent who fails to … Read More... “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

The “New” and “Improved” Montgomery County Standard Order of Parenting Time

summer_vacation_standard_parenting_time.jpgOn July 1, 2011, the Domestic Relations Court of Montgomery County, Ohio adopted a “new” and “revised” Standard Order of Parenting Time, previously known as the Standard Order of Visitation.  Over the years, our elected officials in Columbus, Ohio have chosen to “rename” terms frequently used in the Domestic Relations Court.  The phrase “parenting time” replaces the older word of “visitation”, and, the term “parental rights and responsibilities” replaces the older word of “custody”.  It should be noted that with each change in legislation, the older or former terms have been replaced with longer names or phrases!

I have practiced Family Law for over twenty years.  Until recently, the Standard Order of Parenting Time, fka Standard Order of Visitation, provided for the non-custodial or non-residential parent to have five (5) weeks (35 days) of visitation or parenting time each summer.  Additionally, if the non-residential parent submitted to the custodial parent his/her request for summer parenting time between the dates of March 1 and April 1 of each year, the non-custodial parent was to have preference as to the summer parenting time schedule.

The most striking change in the “new” Standard Order of Parenting Time involves Item 8 entitled “Summer Vacation”.  … Read More... “The “New” and “Improved” Montgomery County Standard Order of Parenting Time”

Ohio Enacts New Booster Seat Law

seat_boost.jpgOn January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4’9″ tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget. Thanks to our friends at the Cleveland Law Library Weblog for posting this summary! To learn more about the new law, click here.