Campbell Flannery, PC

Campbell Flannery, PC Campbell Flannery, P.C. is a law firm located in the Village at Leesburg.

Campbell Flannery, P.C. is an established law firm dedicated to helping families plan for the future through estate planning. Our goal is to create a comprehensive will and estate plan that provides peace of mind and protects children and grandchildren. Clients trust us to enact a plan that will successfully transfer assets, appoint guardians, manage assets, diminish estate taxation, and allow for the management of property in the event of disability. Our practice areas also include civil litigation, complex transactions, land use, criminal and traffic matters, and business and consumer bankruptcy.

Did know an estate plan consists of more than just a will? If do not have an estate plan or have one that needs updating...
05/20/2020
Despite Their Priorities, Nearly Half Of Americans Over 55 Still Don't Have A Will

Did know an estate plan consists of more than just a will? If do not have an estate plan or have one that needs updating we can help. We would be pleased to schedule a complimentary consultation.

https://www.forbes.com/sites/maggiegermano/2019/02/15/despite-their-priorities-nearly-half-of-americans-over-55-still-dont-have-a-will/

The major takeaway is that nearly half of those over 55 have not yet created a will. Despite that finding, there is a widely held belief that one should have their affairs in order by age 50. The obvious disconnect was particularly striking.

05/15/2020
Supreme Court of Virginia

As you may know part of our practice is appellate work. If you would like to listen to our argument before the Supreme Court this morning in the case of Mount Aldie v. Land Trust of Virginia tune in at 11am via this link:

http://www.courts.state.va.us/courts/scv/home.html

(Once you click on the link above you will click on Link to Audio - Live Audio Feed – Courtroom Panel)

The Supreme Court of Virginia

In response to the ongoing COVID-19 pandemic, on May 6, 2020, the Supreme Court of Virginia entered a Fourth Order Exten...
05/06/2020

In response to the ongoing COVID-19 pandemic, on May 6, 2020, the Supreme Court of Virginia entered a Fourth Order Extending the Declaration of Judicial Emergency through June 7, 2020.

A link to the Order is posted below. If you have any questions about how this Order impacts your legal rights in Virginia, please do not hesitate to contact us.

https://mcusercontent.com/a475aa04afd19da9b96662f92/files/b3f2d197-96e4-4f1c-9e5c-72f14a4d2f31/Supreme_Court_Fourth_Order_Modifying_and_Extending_Judicial_Emergency.05062020.pdf

05/01/2020
Virginia State Bar Young Lawyers Conference

Virginia State Bar Young Lawyers Conference

Today, the Supreme Court of Virginia issued a clarification order regarding tolling of speedy trial.

It states specifically that “This Court unanimously orders that the tolling provisions of the March 16, March 27, and April 22 emergency orders, as clarified herein, toll the running of any statutory speedy trial period applicable to criminal prosecutions in the courts of the Commonwealth of Virginia from March 16 until May 17 or later if further extended by this Court.”

You can access the Order in full here:
http://www.vacourts.gov/news/items/covid/2020_0501_scv_order_clarification.pdf

In response to the ongoing COVID-19 pandemic, on April 22, 2020, the Supreme Court of Virginia entered a Third Order Ext...
04/22/2020

In response to the ongoing COVID-19 pandemic, on April 22, 2020, the Supreme Court of Virginia entered a Third Order Extending the Declaration of Judicial Emergency through May 17, 2020.

A copy of the Order is posted below. If you have any questions about how this Order impacts your legal rights in Virginia, please do not hesitate to contact us.

https://mcusercontent.com/a475aa04afd19da9b96662f92/files/e42ad986-b55e-4609-9ffe-1dadcf6f7dba/Supreme_Court_order_extending_emergency_April_22_2020.pdf

An encouraging story to read in the midst of such troubling and uncertain times.
04/20/2020
Shake Shack returns $10 million emergency loan to the US government

An encouraging story to read in the midst of such troubling and uncertain times.

Shake Shack is returning a $10 million loan it received from the US government under an emergency program that was touted as a way to help small businesses pay workers and keep their operations running during the coronavirus crisis.

Mason Enterprise Center - Leesburg/Loudoun
04/16/2020
Mason Enterprise Center - Leesburg/Loudoun

Mason Enterprise Center - Leesburg/Loudoun

Just Announced: U.S.Treasury Secretary Steven T. Mnuchin and U.S.SBA Administrator Jovita Carranza requested additional funds to meet the overwhelming response to the EIDL and PPP loan programs for small businesses impacted by the COVID-19 pandemic. Visit www.loudounsbdc.com for more details and insights into this announcment.

03/28/2020

COVID-19 LEGISLATION UPDATE

In response to the COVID-19 pandemic, Congress enacted on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act. This historic legislation provides $2.2 billion in stimulus funds that are intended to help businesses and individuals cope with the economic fallout of this global health crisis.

Individuals earning $98,000.00 or less and married couples earning $198,000.00 or less can expect to receive checks in approximately three weeks (individuals earning more than $75,000.00 and married couples earning more than $150,000.00 will receive smaller checks). Married couples will receive an additional $500.00 for each minor child. Eligibility will be determined by income thresholds stated on 2019 tax returns or, if not yet filed, on 2018 tax returns. A Stimulus Check calculator published by the Washington Post is posted in the comments below.

In addition, Congress has made $349 billion available through a special loan program administered by the Small Business Administration. In summary, businesses with less than 500 employees in operation as of February 15, 2020, can apply for loans with third-party private lenders that are equal to the lesser of (a) $10 million, or (b) 2.5 times the borrower's average monthly payroll expenses for the preceding twelve months. Many standard underwriting and guarantee requirements have been eliminated or relaxed. The loan proceeds must be used for business expenses such as employee compensation, interest on mortgages, or rent. Of perhaps most significance is that these loans can be forgiven if the borrower satisfies several criteria that incentivize retention of employees.

Loans under this program are also available for sole proprietors and businesses that employ independent contractors.

We have been consulting with clients on these matters. If you would like to know more, please contact us at (703) 771-8344.

The Supreme Court of Virginia has extended its prior Declaration of Judicial Emergency through April 26, 2020.
03/27/2020

The Supreme Court of Virginia has extended its prior Declaration of Judicial Emergency through April 26, 2020.

03/24/2020

All,

Please refer to the following post which contains a lot of good information regarding small business benefits during the COVID-19 crisis:

Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave
IR-2020-57, March 20, 2020

WASHINGTON — Today the U.S. Treasury Department, Internal Revenue Service (IRS), and the U.S. Department of Labor (Labor) announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act), signed by President Trump on March 18, 2020.

The Act will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee's own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.

Key Takeaways

• Paid Sick Leave for Workers
For COVID-19 related reasons, employees receive up to 80 hours of paid sick leave and expanded paid child care leave when employees' children's schools are closed or child care providers are unavailable.
• Complete Coverage
Employers receive 100% reimbursement for paid leave pursuant to the Act.
o Health insurance costs are also included in the credit.
o Employers face no payroll tax liability.
o Self-employed individuals receive an equivalent credit.
• Fast Funds
Reimbursement will be quick and easy to obtain.
o An immediate dollar-for-dollar tax offset against payroll taxes will be provided
o Where a refund is owed, the IRS will send the refund as quickly as possible.
• Small Business Protection
Employers with fewer than 50 employees are eligible for an exemption from the requirements to provide leave to care for a child whose school is closed, or child care is unavailable in cases where the viability of the business is threatened.
• Easing Compliance
o Requirements subject to 30-day non-enforcement period for good faith compliance efforts.

To take immediate advantage of the paid leave credits, businesses can retain and access funds that they would otherwise pay to the IRS in payroll taxes. If those amounts are not sufficient to cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a streamlined claim form that will be released next week.
Background

The Act provided paid sick leave and expanded family and medical leave for COVID-19 related reasons and created the refundable paid sick leave credit and the paid child care leave credit for eligible employers. Eligible employers are businesses and tax-exempt organizations with fewer than 500 employees that are required to provide emergency paid sick leave and emergency paid family and medical leave under the Act. Eligible employers will be able to claim these credits based on qualifying leave they provide between the effective date and December 31, 2020. Equivalent credits are available to self-employed individuals based on similar circumstances.
Paid Leave

The Act provides that employees of eligible employers can receive two weeks (up to 80 hours) of paid sick leave at 100% of the employee's pay where the employee is unable to work because the employee is quarantined, and/or experiencing COVID-19 symptoms, and seeking a medical diagnosis. An employee who is unable to work because of a need to care for an individual subject to quarantine, to care for a child whose school is closed or child care provider is unavailable for reasons related to COVID-19, and/or the employee is experiencing substantially similar conditions as specified by the U.S. Department of Health and Human Services can receive two weeks (up to 80 hours) of paid sick leave at 2/3 the employee's pay. An employee who is unable to work due to a need to care for a child whose school is closed, or child care provider is unavailable for reasons related to COVID-19, may in some instances receive up to an additional ten weeks of expanded paid family and medical leave at 2/3 the employee's pay.

Paid Sick Leave Credit

For an employee who is unable to work because of Coronavirus quarantine or self-quarantine or has Coronavirus symptoms and is seeking a medical diagnosis, eligible employers may receive a refundable sick leave credit for sick leave at the employee's regular rate of pay, up to $511 per day and $5,110 in the aggregate, for a total of 10 days.
For an employee who is caring for someone with Coronavirus, or is caring for a child because the child's school or child care facility is closed, or the child care provider is unavailable due to the Coronavirus, eligible employers may claim a credit for two-thirds of the employee's regular rate of pay, up to $200 per day and $2,000 in the aggregate, for up to 10 days. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

Child Care Leave Credit

In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child care facility is closed or whose child care provider is unavailable due to the Coronavirus, eligible employers may receive a refundable child care leave credit. This credit is equal to two-thirds of the employee's regular pay, capped at $200 per day or $10,000 in the aggregate. Up to 10 weeks of qualifying leave can be counted towards the child care leave credit. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

Prompt Payment for the Cost of Providing Leave

When employers pay their employees, they are required to withhold from their employees' paychecks federal income taxes and the employees' share of Social Security and Medicare taxes. The employers then are required to deposit these federal taxes, along with their share of Social Security and Medicare taxes, with the IRS and file quarterly payroll tax returns (Form 941 series) with the IRS.
Under guidance that will be released next week, eligible employers who pay qualifying sick or child care leave will be able to retain an amount of the payroll taxes equal to the amount of qualifying sick and child care leave that they paid, rather than deposit them with the IRS.

The payroll taxes that are available for retention include withheld federal income taxes, the employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes with respect to all employees.

If there are not sufficient payroll taxes to cover the cost of qualified sick and child care leave paid, employers will be able file a request for an accelerated payment from the IRS. The IRS expects to process these requests in two weeks or less. The details of this new, expedited procedure will be announced next week.

Examples

If an eligible employer paid $5,000 in sick leave and is otherwise required to deposit $8,000 in payroll taxes, including taxes withheld from all its employees, the employer could use up to $5,000 of the $8,000 of taxes it was going to deposit for making qualified leave payments. The employer would only be required under the law to deposit the remaining $3,000 on its next regular deposit date.

If an eligible employer paid $10,000 in sick leave and was required to deposit $8,000 in taxes, the employer could use the entire $8,000 of taxes in order to make qualified leave payments and file a request for an accelerated credit for the remaining $2,000.

Equivalent child care leave and sick leave credit amounts are available to self-employed individuals under similar circumstances. These credits will be claimed on their income tax return and will reduce estimated tax payments.

Small Business Exemption

Small businesses with fewer than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability where the requirements would jeopardize the ability of the business to continue. The exemption will be available on the basis of simple and clear criteria that make it available in circumstances involving jeopardy to the viability of an employer's business as a going concern. Labor will provide emergency guidance and rulemaking to clearly articulate this standard.

Non-Enforcement Period

Labor will be issuing a temporary non-enforcement policy that provides a period of time for employers to come into compliance with the Act. Under this policy, Labor will not bring an enforcement action against any employer for violations of the Act so long as the employer has acted reasonably and in good faith to comply with the Act. Labor will instead focus on compliance assistance during the 30-day period.
For More Information

For more information about these credits and other relief, visit Coronavirus Tax Relief on IRS.gov. Information regarding the process to receive an advance payment of the credit will be posted next week.

COVID-19 ALERT TO SMALL BUSINESS OWNERSOn March 18, 2020, in response to the COVID-19 pandemic, Congress enacted THE EME...
03/24/2020
Profile

COVID-19 ALERT TO SMALL BUSINESS OWNERS

On March 18, 2020, in response to the COVID-19 pandemic, Congress enacted THE EMERGENCY PAID SICK LEAVE ACT (the "Act"). The Act will become effective on April 2, 2020, and has significant implications for all private Employers in the United States with less than 500 employees (subject to future regulations by the Department of Labor), and most public agencies.

More information can be found here: http://www.camflanlaw.com/COVID-19-1.html

On March 18, 2020, in response to the COVID-19 pandemic, Congress enacted THE EMERGENCY PAID SICK LEAVE ACT (the "Act"). The Act will become effective on April 2, 2020, and has significant implications for all private Employers in the United States with less than 500 employees (subject to future reg...

03/23/2020

As a result of COVID-19, many people have recently lost their jobs or livelihoods. If so, you may be eligible to make claims for Unemployment Compensation through the U.S. Department of Labor's Unemployment Insurance Program.

While this program is part of a state and federal partnership, each state administers its own program.

On March 18, 2020, as part of the Families First Coronavirus Response Act, Congress enacted the Emergency Unemployment Insurance Stabilization and Access Act of 2020. This legislation provides $1 billion in grants for the year 2020 to assist states with processing and paying unemployment insurance benefits.

The legislation further provides that states experiencing increases of 10% or more in unemployment rates (from the prior year) and comply with other applicable requirements will receive 100% federal funding for certain unemployment benefits. These provisions should help shore up and ensure the financial stability and solvency of these unemployment insurance programs at a time when they are likely to incur significant stress as a result of COVID-19.

Congress is currently considering a $2 trillion stimulus package, which may further impact these programs and provide assistance to individuals experiencing financial distress as a result of COVID-19. We will provide a further update and analysis when that legislation becomes final.

Address

1602 Village Market Blvd SE, Ste 225
Leesburg, VA
20175

Opening Hours

Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00

Telephone

(703) 771-8344

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Our Story

Campbell Flannery, P.C. has dedicated the last 30+ years to helping clients in Virginia, West Virginia and the District of Columbia in the areas of estate planning, complex business and civil litigation, criminal defense and business & consumer bankruptcy. Our goal is to craft clear and well-engineered solutions to help good people weather tough and trying times. Whether it is drawing up a Trust, dealing with creditors in the midst of personal financial hardship or resolving a complicated civil issue involving multiple adversary parties, Campbell Flannery has both the experience and the compassion needed to achieve the best possible results on behalf of its clients.

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Jim if you need a handwriting expert let me know.