Bob Linhares Business & Real Estate Law

01/08/2021

Did you make the switch from working at the office to working from home in 2020 and wonder if you’ll be eligible for a home office deduction? You may have qualified for the deduction previous to the passage of the Tax Cuts and Jobs Act in 2017. But now, if you’re an employee who receives a W-2, even if you work from home full time, the answer is no. People who are self-employed or business owners may qualify if their home office is in a “room or separately identifiable space” used “exclusively and regularly” as their principal place of business or as a place where they meet patients, clients or customers. Other eligibility requirements apply as well. Ask your tax preparer and read more at

08/19/2020

If you’re a business owner, you know that a payroll tax is imposed on wages your employees earn. President Trump signed an executive order on August 8, 2020, that allows companies to suspend this tax and defer payment until 2021. The tax supports Social Security and Medicare. It is important to note that the executive order is not a tax cut; the tax is merely being suspended until the end of the year and eventually may have to be repaid by the employer or employee. It is unclear exactly what employers are required to do as a result of the executive order, and this uncertainty may create problems. Until the U.S. Treasury Department issues specific guidance to businesses as to how to implement the executive order, the best course of action may be to continue to withhold and pay the payroll taxes. Consult with your accountant before making any decisions. Follow this link for an article regarding the executive order and potential issues to consider:

Businesses are grappling with difficult legal and logistical questions about how to respond to the president’s payroll-tax holiday order.

08/17/2020

Check out this article for seven steps to take if you own a business and one of your employees tests positive for Covid-19. The article may also be helpful to co-workers of someone with Covid to be certain their employer is keeping everyone safe at work after a positive Covid test.
https://crisismanagementupdate.com/an-employee-tested-positive-for-covid-19-take-these-steps-next/

05/29/2020

Home selling and buying in the St. Louis area may have slowed this spring compared to other years, but I continue to see lots of for-sale signs around town. If you’re thinking of selling or buying a home on your own, I can help make the process easier for you by drafting your sale contract and arranging for closing at a title company.

04/28/2020

If you have a limited liability company and you're applying for a Paycheck Protection Program (PPP) loan from the Small Business Administration, your bank may ask for a copy of your company's Operating Agreement. Missouri law requires all LLCs to have an Operating Agreement, although the Missouri Secretary of State does not require you to file a copy of your Operating Agreement when you file your Articles of Incorporation. So if you do not have an Operating Agreement and need one quickly for a PPP loan (or any other reason), please call me.

04/08/2020

When purchasing real estate, especially in a "for sale by owner" type of situation, it is important to understand what the difference is between a quit claim deed and a general warranty deed. It is always best to get a general warranty deed when purchasing real estate. If you accept a quit claim deed from a seller, you are taking a huge and unnecessary risk. The seller may not have had good title to the property that he/she sold you. See this explanation for a basic summary of the difference between the two types of deeds.

Quit claim deed: an instrument of real property conveyance that passes any title, interest, or claim the grantor has in the property to another party. A quit claim deed does not make any representations or guarantees as to the validity of such title, interest, or claim.

Warranty deed: an instrument of real property conveyance that transfers the title of property from the grantor to another party. In a warranty deed, the grantor promises that the title is clear of any claims.

As you can see, the two deeds perform the same essential function: to transfer a title from one party to another. The provisions of each deed, however, are starkly different. One type of deed exposes the grantee to potential title ownership or claim conflicts, while the other provides the greatest level of protection possible to grantees.

04/08/2020

Many thanks to clients who wrote reviews on my profile on Avvo, a lawyer search website. Follow this link to see more:
https://www.avvo.com/attorneys/63105-mo-robert-linhares-1074991.html

04/06/2020

Will signings and notarizing documents can now be done through video conferencing in Missouri. Today Governor Mike Parson signed an executive order suspending the requirement of a personal appearance by a notary by allowing the use of video conferencing. The Governor also suspended the requirement for two witnesses to be physically present to witness you signing your Last Will and Testament as long as the witnesses are on the video conference and other requirements are met. This order is effective now through May 15, 2020, unless extended. Please contact me for more information.
://www.sos.mo.gov/library/reference/orders/2020/eo8

WHEREAS, on March 13, 2020, Executive Order 20-02 invoked the provisions of sections 44.100 and 44.110, RSMo, and declared a state of emergency that exists in the State of Missouri due to the spread of COVID-19; and

03/30/2020

The new CARES (Coronavirus Aid, Relief, and Economic Security (CARES) Act provides resources for small businesses such as the Paycheck Protection Program to help retain employees, Emergency Economic Injury Grants for cash to help cover expenses and the Small Business Debt Relief Program to help keep up with loan payments.

Health and government officials are working together to maintain the safety, security, and health of the American people. Small businesses are encouraged to do their part to keep their employees, customers, and themselves healthy.

03/27/2020

Please check out this is you need information regarding a probate matter.

When a person dies with or without a Last Will and Testament and leaves assets, a probate estate or a small estate (less than $45,000 in value) may be necessary. A Will must be filed with the court within one year.

03/25/2020

Did you know that it is possible to combine the advantages of operating as an LLC with the tax advantages of being taxed an S-Corporation? To learn more click on the link below and please feel free to contact me to discuss.

Articles on keeping a business compliant with federal tax requirements.