Jeff Romanick of Gross & Romanick recently received a letter from a client happy with the legal representation he received at our firm. We were so touched by the gentleman's kind words we thought we'd share it with you.
He wrote:
"I wanted to take a few minutes to say "thank you" for the outstanding representation that Ash Dean provided for my wife.
From what I have gathered from my wife, Ash's quiet, calm, reserved demeanor belies the heart of a tiger and the spirit of a fighter that simply does not accept "no" as an answer.
Ash arrived at court very well prepared, he had a most soothing and calming effect on my wife during all this stress and yet he took on both a very determined police officer and a resolute prosecutor and he negotiated a settlement that would have made Donald Trump proud. As a result of Ash's efforts, I consider his work a victory.
Ash is a credit both to his profession and to your firm. If I were you, I'd do whatever it takes to make sure you keep him.
I hope in a way our paths never have to cross again, but if they do, I know the law firm I'll be talking to to represent us in all traffic matters....Gross & Romanick."
If you need legal representation for a traffic matter in Virginia, contact Gross & Romanick today.
Wednesday, July 9, 2008
Monday, July 7, 2008
Virginia Contractor's Hit Hard By Taxes/Licenses
If you do construction contract work in Virginia, you may wonder when the taxes end and the profits begin. Both federal and state laws require income taxes, but you may not realize the extent to which localities can pick your pocket. Here is a brief summary of some of the taxes and fees that Virginia counties, cities and towns can levy on your business:
§58.1-3703 - Counties, cities and towns can require a license, impose a fee and assess a license tax.
§58.1-3706 - Under the new BPOL tax restrictions, localities cannot impose a license tax on gross receipts of $100,000 if the locality has more than 50,000 people or $50,000 to $25,000 if the locality has between 25,000 and 50,000 people. For contractors, the rate can be no higher than 16 cents per $100 gross receipts. However, BPOL rates can be set higher if a locality had such rate set on January 1, 1978.
§58.1-3714 - Contractors subject to a license tax can also be required to post a bond and prove maintenance of workers' compensation coverage before getting a business license.
§58.1-3715 - Contractors are exempt from paying to other localities if they pay the required license tax in their office locality. However, if the work in another locality exceeds $25,000, that locality may assess a license tax.
Virginia also has no shortage of licensing requirements, including:
§54.1-1106 - Class licenses are required by all contractors doing work valued over $70,000 in a single contract or project; or $500,000 over a twelve month period.
§54.1-1108 - Class B licenses are required by all contractors doing work valued over $7,500 in a single contract or project but less than $70,000; or a total of $150,000 but less than $500,000 over a twelve month period.
§54.1-1108.2 - Class C licenses are required by all contractors doing work valued over $1,000 in a single contract or project but less than $7,500; or a total of less than $150,000 over a twelve month period.
§54.1-1111 - Before issuing a building permit, a locality can require proof of licensing or an affidavit demonstrating that a license is not required. In addition, an applicant must prove that required license fees and taxes have been paid.
§54.1-1113 - Nonresident bidders cannot bid on jobs in Virginia without appointing the Director of the Department of Professional and Occupational Regulation as their agent for lawful process.
§54.1-1115 - A fine of $500 per day can be assessed for failure to obtain a valid Virginia contractor's license or certificate, as well as conviction of a Class 1 misdemeanor.
§54.1-1117 - Counties, cities and towns can require local licenses if contractors do not have a Class A license.
If you're a contractor in Virginia and need legal counsel to help navigate needed taxes and licenses, please contact the Construction offices of Gross & Romanick today.
§58.1-3703 - Counties, cities and towns can require a license, impose a fee and assess a license tax.
§58.1-3706 - Under the new BPOL tax restrictions, localities cannot impose a license tax on gross receipts of $100,000 if the locality has more than 50,000 people or $50,000 to $25,000 if the locality has between 25,000 and 50,000 people. For contractors, the rate can be no higher than 16 cents per $100 gross receipts. However, BPOL rates can be set higher if a locality had such rate set on January 1, 1978.
§58.1-3714 - Contractors subject to a license tax can also be required to post a bond and prove maintenance of workers' compensation coverage before getting a business license.
§58.1-3715 - Contractors are exempt from paying to other localities if they pay the required license tax in their office locality. However, if the work in another locality exceeds $25,000, that locality may assess a license tax.
Virginia also has no shortage of licensing requirements, including:
§54.1-1106 - Class licenses are required by all contractors doing work valued over $70,000 in a single contract or project; or $500,000 over a twelve month period.
§54.1-1108 - Class B licenses are required by all contractors doing work valued over $7,500 in a single contract or project but less than $70,000; or a total of $150,000 but less than $500,000 over a twelve month period.
§54.1-1108.2 - Class C licenses are required by all contractors doing work valued over $1,000 in a single contract or project but less than $7,500; or a total of less than $150,000 over a twelve month period.
§54.1-1111 - Before issuing a building permit, a locality can require proof of licensing or an affidavit demonstrating that a license is not required. In addition, an applicant must prove that required license fees and taxes have been paid.
§54.1-1113 - Nonresident bidders cannot bid on jobs in Virginia without appointing the Director of the Department of Professional and Occupational Regulation as their agent for lawful process.
§54.1-1115 - A fine of $500 per day can be assessed for failure to obtain a valid Virginia contractor's license or certificate, as well as conviction of a Class 1 misdemeanor.
§54.1-1117 - Counties, cities and towns can require local licenses if contractors do not have a Class A license.
If you're a contractor in Virginia and need legal counsel to help navigate needed taxes and licenses, please contact the Construction offices of Gross & Romanick today.
Tuesday, July 1, 2008
Security Deposit Treatment in Bankruptcy
What happens to a tenant's security deposit after the tenant files bankruptcy? If rent is owned, can the landlord apply the deposit to unpaid rent?
An informal poll of area Bankruptcy Lawyers reveals a belief that a security deposit can be used as a set- off against both pre-petition damages and lease termination damages under Section 553 of the Bankruptcy Code. The set off is subject to mitigation by the landlord, including releting the premises. The safest process is to have a court grant relief from stay before applying the security deposit; but this procedure may cause a debtor to file an objection. Right or wrong, most Landlords simply keep the deposit.
Some attorneys also argued that Landlord can assert a "secured claim" up to the amount of the security deposit.
For more information contact the Business Law division of Gross & Romanick today.
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