Richard Burt Professional Law Corporation
Mon - Fri: 9 AM - 6 PM
In communicating through a website with a lawyer you are thinking of hiring, you should not provide any confidential information concerning your legal matter until an attorney-client relationship has been formed.
Sending an email to Richard Burt or leaving a voice mail for him or his assistant (and a reply from either) does not create an attorney-client relationship.
No attorney-client relationship will be formed until you and Mr. Burt have agreed that he should represent you, he has determined that there is no conflict with an existing client, you have signed an engagement letter that sets forth the terms of the representation, and, when requested, you have made a fee deposit.
Please note that the initial consultation is solely to determine the nature of your legal matter and to discuss fees. Mr. Burt does not offer free legal advice.
After an attorney-client relationship has been formed, email (and voice mail) may of course be freely used for confidential attorney-client communications.
If we try to call you at a telephone number that you provide to us and are unable to reach you (and your voice mail is full or is not set up), we may text you at that number to let you know that we tried to call you. By sending an email via this website or by calling and leaving a voice-mail message, you consent to receiving such texts. At any time, you may reply STOP to opt-out from further messages.
NOTE: Mr. Burt does not handle litigation of any kind. If you wish to sue someone, are being sued, or need to make a court filing of any kind, Mr. Burt cannot help you. You should not contact him for those services.
Refund of Late-Filing Penalty for Single-Member LLCs
For income tax purposes, a single-member limited liability company (SMLLC) is treated as a disregarded entity. That means that the income or loss of the entity is reported by an individual taxpayer on Schedule C of the taxpayer’s tax return. That also means that the entity is not required to file a partnership income tax return. The Franchise Tax Board recently announced that it has discovered that it had misapplied a partnership late-filing penalty to SMLLC’s that had been treated as disregarded entities.
The Franchise Tax Board plans to issue a refund (or a credit) to the affected taxpayers to cancel the unpaid penalty and interest. A separate refund check will be issued for each tax year. In some cases, the Franchise Tax Board may apply the refund to an outstanding liability on another tax year or to another state department.
Refunds will be made to taxpayers who paid the late-filing penalty within the applicable statute of limitations as of June 26, 2013, which is the date the Franchise Tax Board says that it discovered the misapplication of the penalty.
The Franchise Tax Board will not provide a refund as to those years barred by the statute of limitations, but it has announced that it is exploring alternative relief options, including potential legislation.
If the entity was suspended by reason of this incorrectly applied penalty, the Franchise Tax Board will reinstate the entity.
More information can be found at the following link: