Business under threat from Uncle Sam as Wal-Mart Loses State Income Tax Appeal
US businesses may choose to reorganize their corporate structures as a result of Wal-Mart losing a legal battle to reclaim USD33.5m in tax it paid to the state of North Carolina. Walmart appealed for the USD33.5m bill in back taxes, penalties and interest imposed by North Carolina, which had argued that rental payments made by the company to a Wal-Mart subsidiary were improper. However, the state Court of Appeals ruled on May 19 that the state Secretary of Revenue “acted within his lawful authority” when he assessed additional taxes against the company. “The language of the statute is broad, allowing the secretary to require combined reporting if he finds as a fact that a report by a corporation does not disclose the true earnings of the corporation on its business carried on in this state,” wrote Judge Donna Stroud in her opinion, which was supported by the two other judges on the panel. This may affect your business – do you need some advice about tax law? Ask the experts by entering a question into the box above.
Can a court ordered Custody Arrangement be changed?
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If a custody agreement has been reached and approved by a court, then it can be altered. However, there would have to be some interaction with the court in order to make this alteration. Because of the age of this order, there would certainly be a good case for getting it reviewed. In terms of reducing legal expense for you, you may wish to try applying for legal aid, or possible entering into a no-win, no fee arrangement with your legal representative. I can refer you to the Victorian legal aid service if you like.
If it is possible to obtain the consent of the other party to the parenting order (this is the new name for a custody order) then the alterations are much easier, quicker, simpler and cheaper. However, if it is going to be impossible to obtain the consent of the other party, it is still possible, but you not be able to claim that the application is by consent. If you are worried that there are actual acts of abuse being committed against your daughter, then it may be a matter for the police. You may also want to contact the Victorian department of children, youth and families, there information about how to respond to child abuse here:
http://www.cyf.vic.gov.au/child_protection/abuse
What is the General Skilled Migration Program?
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General Skilled Migration Program (GSM) which assesses applicants based on their qualifications, work experience and language ability to satisfy Australian Immigration requirements. Candidates must meet The Basic Requirements for an Australia Skilled Visa include:
Age – you must be under 45 when you apply;
English language – you should have sufficient ability in the English language to work in Australia (at least at a vocational level);
Qualifications – you must have post-secondary qualifications and your skills must be assessed by the relevant assessing authority as suitable for your nominated occupation;
Nominated occupation – when you apply you nominate a skilled occupation, which fits your skills and qualifications. Your nominated occupation must be found on the Skilled Occupations List; As a nurse, you should have no problems with this, because nursing staff are very much in demand in the Australian economy at the moment. It attracts 60 points from the SID list. You can find the exact type of nurse on the Skills in Demand list here:
http://www.immi.gov.au/allforms/pdf/1121i.pdf
Recent work experience – the period of work experience required will vary depending on the number of points you may be granted for your nominated occupation;
Australian qualification exemption – you do not need to meet the work experience requirement if you have completed an Australian qualification less than 6 months before lodging your visa application; and
Skills assessment – before you apply, you must have your skills assessed by the Australian assessing authority designated to assess your nominated occupation.
Health assessment – you should be of reasonably good health and all applicants must have their health assessed by a panel doctor and undergo a medical examination.
Character assessment – you should be of good character and this too will be assessed. As long as there is no substantial criminal record or history of imprisonment, this should not be an issue.
The skilled visa class requires the points test outlined here: http://www.visabureau.com/australia/immigration-points-test.aspx#ausworkexperience
It may be possible to apply for an skilled (independent) visa but you need 20 more points on the points test to qualify for an independent visa as opposed to a sponsored one. You should read through the aspects of the points test to see if you will be able to claim the additional 20 points, perhaps because of your work experience in Regional Australia. However, because of your relatively short existing period of work experience, this may be difficult to achieve. If you can get at least one year of work experience, that will make your application much stronger.
You can begin an application online here: http://www.immi.gov.au/e_visa/
What is the relevant legislation for Social Security Fraud?
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The relevant legislation which allows the prosecution to occur is the Social Security (Administration) Act 1999 – ss 216 and 217. I have attached them below for you to read. Usually, the time limit for the recovery of a civil debt is 6 years.
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 – SECT 216
Payment obtained through fraud etc.
(1) A person contravenes this subsection if:
(a) the person obtains:
(i) payment of a social security payment under the social security law; or
(ii) payment of an instalment of a social security payment under the social security law; and
(b) the person does so:
(i) by means of impersonation; or
(ii) by means of a fraudulent device.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;
(b) the element that an instalment is an instalment of a social security payment under the social security law.
(3) A person contravenes this subsection if:
(a) the person makes a statement; and
(b) the statement is false or misleading; and
(c) the person is reckless as to whether the statement is false or misleading; and
(d) as a result the person obtains:
(i) payment of a social security payment under the social security law; or
(ii) payment of an instalment of a social security payment under the social security law.
(4) For the purposes of an offence against section 217 that relates to subsection (3) of this section, strict liability applies to the following elements of the offence:
(a) the element that a payment is a social security payment under the social security law;
(b) the element that an instalment is an instalment of a social security payment under the social security law.
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 – SECT 217
Penalty for contravention of Division 2
A person who contravenes a provision of Division 2 is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 12 months.
What is the legislation in AUstralia Governing Domestic Violence?
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Legislation governing Domestic Violence is different in each state of Australia. In Victoria, it is the Family Violence Protection Act 2008. In NSW, it is largely governed by the following acts:
The Crimes Act 1900, in particular Part 15A which deals with Apprehended Violence Orders and The Children and Young Persons (Care and Protection) Act 1998.In Queensland, it is governed by the Domestic and Family Violence Protection Act 1989.There is some legislation at Commonwealth Level but it does not deal with the topic entirley. The Family Law Act in a Commonwealth Legislation.
What do I do if I have been dudded in a contract?
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There are some contracts which can be ruled to be voidable (it grants a choice to the disaffected party to void the contract) where there has been an instance of ‘unconscionability’ as per Section 2-302 of the Unifrom Commercial Code which prevents the enforcement of contracts which are grossly unfair to one side of the agreement to the point where it could be said the consideration (exchange of fair value) for the contract is non-existent. There is also a concept of undue influence which prevents the enforcement of contracts where one side has an unfair advantage in terms of bargaining power or influence over the other party to the exetent that the contract cannot be considered to be a fair transaction where both parties understood the implications of their actions. Parent/child relationships are classic instances of undue influence.
I am an artist how do I register copyright?
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The process for registering copyright is quite simple. If you are the original creator or the artworks, then it is quite easy to claim copyright over the works. There are defintie benefits to registering a copyright, which is a relatively cheap and easy thing to do. Check that the works comply with the requirements found in these forms:
FORMVA http://www.copyright.gov/forms/formvai.pdf
FORMCON http://www.copyright.gov/forms/formcon.pdf
Then send the completed forms with a $45 payment to “Register of Copyrights also include nonreturnable copy(ies) of the material to be registered. You send it to this address:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
You still have some rights to claim copyright when it is not registered, however registering copyright just gives a much better set of legal rights if there is any dispute over the works. AN example is that usually the maximum period of unregistered copyright protection is the life of the author plus 70 years, where as it is indefinite where there is registration. Ultimately though, this is your decision. You can certainly still include the paintings as part of the assets of the trust whether it is registered or not for copyright. I think that these would be calssified as authorised copies of the paintings. If you deem these works to be authorised copies of the work which you are undertaking using a statement in the trust document, there should be no problem with this.
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How can I establish a living trust?
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The process for establishing a living trust is to that an individual transfers title of his assets from himself as grantor, to a trustee of the trust (often the trustee and grantor are the same person). The trustee is to administer the trust for the benefit of himself and at least one other person. Depending on the size of the trust, it may be advisable to use a corporate trustee such as a bank, which can act in perpetuity, where an individual cannot.
Work and Holiday Visa (Subclass 462)
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Can I get into Australia for a working holdiay with a criminal record?
When you want to go on a working holiday in Australia, you need to apply for a Work and Holiday Visa (Subclass 462). The temporary working visa has the character requirement which states that if you have a ‘substantial criminal record’ you cannot be allowed entry into the country. The definition of a ‘substantial criminal record’ is found in Section 501 of the Migration Act 1958(Cth). I have attached some notes about the character test below. Usually, if an offense has been committed where the punishment is 12 months or more a substantial criminal record would exist.
There are other requirements as well. Ask a Just Answer expert above to get the right advice about it.
Is is possible to object to evidence of prior conviction?
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In general, prior conviction as evidence in a court proceeding, it is possible to object to the introduction of prior convictions as evidence on the basis of relevance. There is some case law which indicates that this type of evidence is inadmissible. The key part of the case law which established this principle is:
Hollington v F.Hewthorn & Co.Ltd [1943] KB 587
However, there is some case law that prior conviction can be used for other purposes. If a witness is to be declared hostile or unreliable, then prior conviction may be used as evidence. In general, the court should weight the probative value of the evidence against its prejudicial weight to the defendant when determining the admissibility of the evidence.
