Primary Residence

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The favourable tax regime of new Italian residents

The 2017 Budget Law introduced (starting from fiscal year 2017) favourable provisions for people wishing to become tax residents in Italy. It is aimed at wealthy individuals who wish to bring in new capital resources. The...more

Trusts and Estates Group News: Home Is Where You Hang Your Hat. But Where Are You Actually Domiciled?

Many Connecticut residents will own second homes for the purpose of enjoying a change of scenery for a portion of each calendar year. For example, some people might escape the cold of the Connecticut winter for the sunshine...more

Foreigners Get Special Treatment: SEC Updates Guidance to Foreign Private Issuers

The CFO of a Canadian dual-listed company calls you in a panic because it has recently come to his attention that, to his great surprise, the majority of his shareholders are not in fact Canadian, but American! He recalls...more

Becoming As Rich As Donald Trump: Financial and Tax Policies of the United States Government That Can Lead To Significant Wealth...

Financial and tax policies of the United States government can help Americans achieve significant wealth through real estate ownership. These policies tend to favor taxpayers who, like the Trump family, are willing to commit...more

What to Do and What to Know Upon Separation: A Lot More Than You May Have Thought

The Marital Home - Separation usually occurs when one party moves out of the marital home with no intent to return to the marriage. When that occurs, the spouse remaining has certain rights and protections, as does the...more

Supreme Court of Pennsylvania Holds That Individuals Have A Constitutional Right To Privacy In Their Home Addresses And Other...

Pennsylvania State Education Association v. Commonwealth, 2016 Pa. LEXIS 2337, 2016 WL 6087684, (Pa. Oct. 18, 2016) (“PSEA”). The Supreme Court of Pennsylvania recently held that individuals have a constitutional right to...more

5 Things to Know to Reduce Your Tax on Capital Gains

Although it is often said that nothing is certain except death and taxes, the one tax you may be able to avoid or minimize most through planning is the tax on capital gains. Here's what you need to know to do such planning...more

Important Ruling for Residents of Massachusetts Owning Assets in Other States and Countries

TAXES ON ASSETS IN JURISDICTIONS WITH NO ESTATE TAXES - Since 2001, the Massachusetts Department of Revenue ("DOR") has held that persons in Massachusetts who pass away owning real estate or valuable tangibles located in...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Changes to the principal residence exemption

On October 3, 2016, the Minister of Finance of Canada announced changes to the federal Income Tax Act that will affect the availability of the principal residence exemption to non-residents and those who hold their principal...more

IRS Offers New Guidance on Exclusion for Sale of a Principal Residence

In the recently released Private Letter Ruling 201628002, the IRS determined that taxpayers were entitled to partial gain exclusion for the sale of their principal residence. Despite not using the property as their principal...more

Debtors’ Lien-Stripping Attempt Likely Would Have Succeeded in New Hampshire

A North Carolina bankruptcy court recently denied a Debtors’ attempt to “strip off” a junior lien on their primary residence by rejecting the argument that the property should be valued near the time of plan confirmation. In...more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

First Impressions and Prohibited Mortgage Modifications in Bankruptcy

Section 1322(b)(2) of the Bankruptcy Code enables a debtor to “modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal...more

Chabad Files RLUIPA Suit Against Toms River, New Jersey

Rabbi Moshe Gourarie and the Chabad Jewish Center of Toms River Inc. (the “Center”) have sued the Township of Toms River, New Jersey, and the Township’s Zoning Board of Adjustment (“ZBA”) in the Federal District Court of New...more

Florida: Sun, Fun, and Sand or Back Taxes, Penalties, and Interest?

Do you own residential property in Florida? Do you also own residential property in another state? Some Florida counties have been cracking down on Florida Homestead exemption fraud, and you might be surprised to find you owe...more

Citizenship And The California Securities Laws

I often hear lawyers say something along the lines of “We need to find an exemption from the California Corporate Securities Law because one of the investors is a citizen of California”. The citizenship or residency of a...more

My Uninsured Motorist Accident Occurred in another State, Does California Uninsured Motorist Law Apply?

Woodland Hills personal injury attorney Barry P. Goldberg is also known as “The Los Angeles Uninsured Motorist Attorney” because he has written extensively on the topic, has handled thousands of Uninsured and Underinsured...more

Court Upholds Foreclosure on Taxpayer’s Primary Residence in Satisfaction of Federal Tax Lien

In United States v. Smith, 117 AFTR 2d 2016-XXXX (February 8, 2016), the U.S. District Court for the Western District of Washington allowed the Federal government to foreclose on the taxpayers’ primary residence in...more

The Lesson of In Re: Nealon – Homestead Is a Protection Worth Maximizing

Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the...more

The New U.K. Ownership and Control Transparency Regime (The PSC Regime)

If you read one thing... - U.K. corporates required to identify and record identities (including home addresses) of 25%+ holders of economics/votes/control (“PSCs”) – exclusion for most U.K. listed issuers. ...more

What The SEC Doesn’t Understand About Blue Sky Laws

I recently submitted this comment letter to the Securities and Exchange Commission with respect to its proposal to modernize the exemption applicable to intrastate offerings. The SEC somewhat misleadingly describes its...more

Making the Move from Massachusetts: Changing Your Domicile May Prove Challenging

Labor Day will soon be upon us and with that a change of seasons here in Massachusetts. While it’s not quite time to take out the winter woolies, the dismal 2016 winter weather predictions for the Northeast may have already...more

Are Custody Laws Different in MA and RI?

Thinking of moving? Different child custody laws in each state may make things even more complicated. While the borders between Massachusetts and Rhode Island appear to be incredibly permeable, this is just not the case when...more

New Scotland Bill – tax implications

The UK Government has published draft legislation on devolving certain tax matters to Scotland (the Bill). It intends that the draft legislation should implement the terms of the devolution agreement made in November 2014...more

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