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While these claims might provide plaintiff attorneys a meal ticket, the plaintiffs themselves might be left holding the bag when they determine their federal income tax liability.

Thus, in the typical contingent fee arrangement, a plaintiff might agree to pay an attorney 40 percent of any damage award. For tax purposes, this is generally treated as the plaintiff receiving the entire dollar and spending 40 cents for legal fees notwithstanding the contingency fee arrangement.

Several code provisions provide for excluding certain types of damage awards from taxable income. For example, section of the Code excludes from taxable income amounts received that are on account of personal physical injury or physical sickness. Those income exclusion provisions are not likely to apply in these RICO cases. Alternatively, section of the Code allows a deduction for all ordinary and necessary expenses paid or incurred for the production of income and for the conservation of property held for the production of income.

Regulations under section note that expenses paid or incurred for conservation of property used by taxpayer as a residence are not deductible under section , but are deductible if the property is used for the production of income e.

Prior to , section expenses were considered miscellaneous itemized deductions that were subject to a minimum floor, typically two percent of adjusted gross income.

If the expenses did not exceed the floor, then they were not deductible to the taxpayer. Section 62 of the Code provides several so-called above-the-line deductions. Above-the-line deductions are not miscellaneous itemized deductions and subject to the temporary elimination noted above.

They remain deductible for federal income tax purposes. Section 62 a 2 provides a deduction for attorney fees and court costs involving most discrimination lawsuits, and claims under chapter 37 of title 31 of the United States Code.

Therefore, the deduction available under section 62 for legal fees in certain cases would not be available in connection with cases involving RICO damages. In sum, if the RICO claims relate to property used for personal purposes e. Indeed, whenever RICO plaintiffs are not engaged in the active conduct of a trade or business they probably cannot deduct their legal fees or even offset the gross amount recovered in such suits by legal fees retained by their lawyers.

Failing to do so could leave them with a tax debt exceeding a damage award or settlement amount. Banks and Commissioner v. Banaitis , U. Helvering , U. Like coworkers to donuts, the cannabis industry has attracted a host of adjacent industries that interface with the business of marijuana in one way or another. Some, like security, cash management, and analytical services, support the industry in ways that are integral to its success.

Enter the Oregon attorney who has been busy of late filing civil RICO complaints against what at this point constitutes a significant minority of Oregon cannabis businesses. This was not in and of itself novel — cannabis businesses face nuisance-type complaints from neighbors with some regularity. The first case settled earlier this year. While the terms of the settlement are confidential, it seems to have been favorable enough that RICO-infused property disputes have become a cottage industry.

To that end, two other civil RICO complaints have been filed, with the latest coming in this past Friday. The merits of the claims aside, the complaint appears to follow an emerging pattern in anti-cannabis litigation: In the meantime, be nice to your neighbors, and take lawsuits like this seriously.

If you or someone you know is affected by this kind of lawsuit, we can help. Contact our experienced litigation team today to discuss your options. Vullo examines the current banking issues facing the state-legal marijuana businesses and states in our view correctly that:. Forcing medical marijuana and industrial hemp businesses to operate solely with cash creates a public safety issue, as cash intensive businesses and their suppliers, employees and customers become targets for criminals. Large amounts of cash distributed outside the regulated banking system is unacceptable and creates risks to the companies, and their employees and business partners.

Further, large scale cash operations impede tracking funds for tax and anti-money laundering purposes. None of this is necessary. Positions taken by the federal government are only exacerbating these problems, rather than remedying them.

New York must act. Please advise us,,,,thank you. Please advise us,,,,thank yo. My brother is 55 years old and has had a lifetime mental disability,that has only recently been formally diagnosed. We want to open a RDSP for my brother but a friend suggested its too late and that it should have been opened by age 49 for the government to make contributions. Have we lost that window of opportunity? Your friend is right in that the government will not provide any contributions to the RDSP.

However, there may be benefits to opening an RDSP even though your brother is in his 50s. Please do not take this a financial advice. It is important to consult with an advisor on the particular situation and possibly talk to an ODSP representative where appropriate. If you have specific questions, please feel free to contact me by phone or email. My contact information is on my website. Also if it is possible, since equity of homes rises, would this cause a problem in the future and have to sell my home?

I can put you in touch with lawyers I believe have experience in this area. Please contact me directly, if you would like some names. Generally, you are allowed to own your own residence and be on ODSP.

ODSP rules are different when an injury settlement is received. Also, you have to be careful that the associated costs of owning the house i. ODSP may even question the viability of it. However, if you sell the home and decide not to buy another home, the proceeds of the sale of your home could threaten your ODSP.

I have clients who have faced this situation. I urge you to speak to a lawyer about your circumstances. Your questions are much more suited for a lawyer to answer. I am not sure of the answer for this question. Better to consult with a lawyer who understands the relevant legislation. Also, assets she holds, you hold or that you hold together will be considered by ODSP for eligibility purposes.

Dear Sir, My mother has recently died in a fire at our home. I am on ODSP and lived in the upper apartment. The home and all her belongings have been left to me. The home will be repaired in about six months time. All of the furniture and personal belongings have been removed due to smoke damage. I will be given a settlement for the belongings.

It is now an empty home, nothing left for belongings. Will this be exempt from being taxed or punished from ODSP. Can I inherit the home?

I will not be able to move back in until the fall of If you could at all help me with any of these questions, I would be grateful. You are allowed to own the home that you live in. If you inherit the home and live in it, that should be fine with ODSP. If you choose not to live in it, it could threaten your ODSP. Did your mother have a will? Is it safe to assume that the contents of the home belonged to her? Who is the executor of her estate? I am assuming the proceeds of her estate needs to pay off any debts she owed at death.

Do you have a lawyer helping to settle the estate? You should work with the lawyer to best figure out how to deal with the estate, debts and the possible impact on your ODSP. I would hope that ODSP would show compassion, given the circumstances. It is not unusual for them to provide special dispensation when the circumstances are as serious and difficult as yours. The vehicle is in my name and the loan is in my name and a close family friends name. Since my credit was good enough I thought this would be a great way to improve it since I have never purchased anything of value in my name.

I actually do not pay the monthly payments on the Truck the friend does. Question 2 I just finished College and started a new job 2 months out of school when I was stricken with Cancer.

Since your friend is paying for the vehicle, I suggest you review this with your ODSP worker to make sure there are no issues with this.

Many not for profit organizations offer these programs. Do the research and find the program that you think best fits your needs. Remember, you are the client. However, you have to demonstrate that the property is required for the health and well-being of a member of the benefit unit. Second Property An interest in a second property other than the principal residence is exempt as an asset if the Director is satisfied that the property is necessary for the health or well-being of a member of the benefit unit.

By no means is it automatically viewed as an exempt asset. Also, if you are out of the province for more than 30 days, you could lose your ODSP income benefits. Summary of Legislation A recipientwho is absent from Ontario for more than 30 days, is not eligible for income support unless the absence is considered necessary.

So, if you are outside of Ontario for more than 30 days, you could lose income support unless you are able to demonstrate to ODSP to their satisfaction that you needed leave the province for more than 30 days. Thanks for the good advice and comments. My son who is on ODSP has listed his house for sale. Neither his health or finances allow for the purchase of another principle residence in future.

A trust is expensive to set-up and maintain. Could a segregated fund be used to the same effect instead of the trust?.. I would need to speak to you directly before I felt confident segregated funds are the right way to go.

Please feel free to contact me directly to discuss. Summary of Policy Funds held in one or more trusts, where the capital of the trust is derived from an inheritance or the proceeds of a life insurance policy and available for maintenance are exempt as assets up to a maximum amount. The trust you are speaking about can only be funded by the proceeds of a life insurance policy or an inheritance.

A person applying for ODSP may not sell a personal asset and transfer the proceeds to a trust in order to satisfy eligibility requirements. Hey there, I have a question. You see, my wife earns a good salary. However, given that I am completely financially dependent on her and have a large student loan debt which she is paying off, on top of her own debts we are having trouble keeping on top of bills, and her retirement is not looking good.

I would suggest you do keep track of what you spend the money on. However, money from a Henson Trust that is used for disability related items and expenses is not subject to that same rule.

In other words, there is no limit on how much money is used for qualified disability related items and expenses. You should check with ODSP if you want to know if a particular item or expense is considered to be a disability related item or expense before you even receive the money from the Henson Trust or any other source.

I was left an inheritance in a Henson trust. Some people find these rules confusing. What I have written is an overall, somewhat high-level explanation. If you need more specific advice, please feel free to call me directly. But i am going to claim him but he works he makes 18 hundred a month will they cut me off odsp if they take half of what he makes how much will i get from odsp.

Hi im 22 my dad give me a car to years ago it starting to go and now im looking for a new one mosly a truck shood odsp help me with that pleas let me know brandon. Hello, is it true that if you have locked in GIC acounts the amount invested here is not considered assets by the odsp? You can consider segregated funds or an RDSP. I strongly suggest you consult with an experienced advisor first.

If the bank says you are not allowed to withdraw the money until the GIC matures, you should be able to get special dispensation to move it if you explain that you may lose your ODSP unless you are allowed to move the money to a different type of investment.

Again, please speak to an experienced advisor before taking action. You can contact me directly to discuss your situation. I have read all of the posts and answers that I will definitely be getting my BF of 15 years to read it over with me once more. I want to marry him. Hi income is approx. I work a part time job just to have a few extra dollars in my own pocket. We rent an upper floor of a house and would like to buy one ourselves if we could.

I am glad the posts have been helpful. As an ODSP recipient, you are allowed to own your residence. A personal residence is an ODSP exempt asset. However, I am not suggesting that owning a residence is what you should necessarily do. I understand people want to own a home for personal reasons and I respect that.

We do not make buying decisions solely based on financial calculations. However, I do think looking at the numbers before you buy is important. From a financial perspective, it is important you are able to manage the costs associated with maintaining a home. Mortgage rates are incredibly attractive right now , but you have to ask yourself if you will be able to manage the mortgage payments if they rise.

I am not sure when the mortgage rates will rise, but I am pretty sure they will at some point, probably within the next few years. I believe that many people owning homes today will face some serious financial challenges as interest rates rise and their mortgage payments stretch if not break their budget.

In addition to mortgage payments, home owners have property taxes, monthly bills and maintenance costs to deal with. When you own a home and your furnace needs to be repaired or replaced, the owner is on the hook to cover that cost. From a numbers perspective owning a home may make better sense than renting, but not necessarily. In other situations, renting can make better sense. To calculate the amount they actually gained that is if they actually could sell the house for the amount they claim their house is worth you have to take into account, mortgage interest payments, property tax, monthly bills, repairs, not to mention the legal and real estate costs associated with selling a home.

Renting can make more sense, financially, depending on how you manage your money. If renting saves you a few hundred dollars a month, it starts to make a lot of sense if you invest that savings in a retirement fund or some sort of asset that will hopefully grow in value. If you simply spend the money and have nothing to show for it, renting becomes less attractive, at least from an asset accumulation perspective.

If you want to discuss your situation, please contact me directly. I would be happy to discuss and help if I can. Is it a risk or is it okay? Could I use this inheritance to purchase a house. I am an beneficiary of a Hensen trust fund. Do I need to put the inheritance in this trust fund then withdraw for a house purchase. I am splitting this house purchase with my sister who is not on ODSP..

She will be paying the majority of the house purchase. Can we be split owners? I would need to have a conversation with you to do so. In the meantime, the following should hopefully clarify a few things. If an inheritance is left for you and it is to be directed into a Henson Trust, the trustee or trustees of the Henson Trust control those assets.

Legally, the beneficiary in this case, you does not have control over those assets. That being said, there is nothing stopping a beneficiary of a Henson Trust from talking to the trustee about purchasing a home. As a person on ODSP, you are allowed to own the home that you live in. If you own it with somebody else, it may affect the amount of money you receive from ODSP, especially if they own the majority of the home. Ron I love this site.

Thank you for everything you do for us! If you and your wife do not have life insurance policies with cash value and neither of you are the beneficiaries of any trusts, segregated funds may be something to consider. I have a couple credit card debts from years back and an OSAP debt which was acquired before I fell ill and because I want to go back to school I wanted to know if there were any grants available to someone like me on ODSP?

Any help or advice from you would be greatly appreciated. However, as an ODSP recipient, you are eligible for employment support programs and possibly educational upgrading programs.

I suggest you start by googling ODSP employment supports. There are many government funded agencies that offer programs specifically geared for people on ODSP. I also suggest you google Employment Ontario as this is another government funded program offered by many agencies throughout the province which you would also qualify for if you are not working or not working many hours.

I wish I could be of more help. My question is would the 50 cent on a dollar affect me since i am their child and will be living with them, or are there any other things i should know. Hi Mike, This is more of a legal question, but here are my thoughts. Would you be living in the house with them?

I am not sure to what extent, though. To be clear, it would not affect your income. Your income would possibly reduce their ODSP. My question concerns a client that was informed that the ODSP caseworkers have the right to retrieve all spending i. Can the ODSP divisions request this information lawfully? I believe that where one spends their monetary resources is their business and has no specified value to the ODSP caseworkers. Can you please elaborate on this issue.

You concern is really a legal one which is not my expertise. What I can say is this. My understanding is that, in order to receive ODSP, you need to consent to the disclosure of your financial information. The reason why they want to see what she spends her money on is to determine if they are disability related expenses, non-disability related expenses or exempt expenses. These different types of expenses are treated differently by ODSP. ODSP is a means-tested benefit. It is not just about having a disability; it is also about financial eligibility.

As an example, if your client invests her money in stocks and the value of those stocks exceeds the asset limit, she can lose her ODSP. She has to disclose her holding to ODSP so they can calculate her total holdings.

My dad passed away a few years ago leaving my mom in a bad financial spot and a house she could not maintain with her disability. Can she give it to me as a early inheritance? It partially depends on how old she is and if she qualifies for the disability tax credit. If she is under the age of 60 and is not turning 60 this year and has the disability tax credit, she might want to consider a Registered Disability Savings Plan, which is an ODSP exempt asset. This is called dumping assets at less than fair market value which ODSP does not view as an acceptable strategy.

Dear Ron, I want say thank of all you advices, only very nice guy like you do and need as vulnerable or sickens person. As long as your friend has the Disability Tax Credit, is not turning 60 years old or older this year, and is a resident of Canada, he can open an RDSP.

The banks do offer it. I also open and manage RDSPs for my clients. He may want to contact me to discuss the RDSP. I hope this helps and thank you for the kind words.

ODSP policy directive 5. If a person has an interest in property that includes his or her principal residence and the property is normally used for a purpose other than as the principal residence for the benefit unit, that portion of the interest in the property that may reasonably be regarded as attributable to the principal residence, as determined by the Director.

So, if you plan to live in the home and you do not use it for purposes other than living in the home, the loan to pay for the home is allowed.

I would imagine ODSP would want to see documentation of the loan. Great job you are doing. Hip hip hurray to u. Can I purchase a house with 40 thousand of it and put the rest in my 14 yr. Or, should I put the 26 thou.

Into a segregated fund and withdraw 6 thou. Thanx again , your a true humanitarian. Thank you for your kind words. We would need to talk directly. If you want more clarification, please contact me directly. However I have a question regarding my son who recently got on odsp. He was initially refused odsp support and went through the appeals process which lasted almost 2 years.

He was finally approved after going to the appeals tribunal. We do not think he qualifies for the disability tax credit as his psychologist has dismissed it in the past. This would prevent him from opening a disability savings plan. He is 40 years old and living at home, what would be an appropiate amount to charge him for board that odsp would accept?

Thanks for your post. Yes I think a segregated fund account may be an option for your son as long as he has contractual capacity to manage his own finances. With respect to how much rent you should charge, my understanding is that rent should equal the full amount of his shelter allowance from ODSP. However I also believe you need to demonstrate that he purchases and prepares his own food as well.

Where on the ODSP website does it say this. Can you point me to where it states it. Is there any chance that one could lose the ODSP benefit permanently? With that being said, I strongly suggest you consider depositing at least a portion of the inheritance into a different exempt asset, such a a non-discretionary trust or a segregated fund account, especially if the beneficiary is eligible for RDSP Grants in future years.

Also, if the money in the inheritance is needed for items and expenses sooner than later, the RDSP is not necessarily the best option because of the significant withdrawal penalties that may be imposed when withdrawals are made. There are a number of factors that need to be considered before one decides where the money should be placed. The age of the ODSP recipient, their immediate and future financial needs, and their contractual capability are factors, to name a few. Thank you for your comment.

You have raised a very important situation I see regularly that is not as straight-forward as we wish it to be. I had some money in a rrsp and transferred it to a Henson Trust Fund, in reading about qualifying for ODSP and the information on Trust Funds and what is accepted and not accepted, would my Henson Trust Fund be excluded from this category? As long as the Henson trust is set up correctly and that the trustee is not you the assets that were originally in the trust.

That is something you are not allowed to do. ODSP would take issue with that. You should consider an alternative ODSP exempt asset. Hello sir , I want to know if my parents can buy a house with down payment in ODSP and if they can then are they still going to pay the house repair by their self and property tax?? I am not sure if I fully understand your question. However, if a person or married couple is on ODSP, they are allowed to own the home they live in.

Yes, your parents would still be responsible for the maintenance, repairs, and property taxes for the home. I have a question that I need help with. My boyfriend is much too afraid of outcome being she spent it all and feels better left alone, he knows in his heart its gone but if he were to go to bank, the results are final and it would hurt him to know that his ex-wife would do that to her children.

You are probably thinking of the Registered Education Savings Plan, however the government does not match dollar for dollar. It would depend on how it was invested.

Ron I want ask you.. I am on ODSP and I have brother who want put down payment for me for buy a home…can he do it for me and how much he can put? A relative can provide a down payment for a home for you as long as you live in it. There is no limit other than the actual cost of the home.

I really suggest that you speak to a financial advisor or lawyer who understands ODSP before you do so. Will other people live in the home? Will your brother live in the home? Will your ODSP cover the cost of the mortgage and other home related expenses? All of these are important questions I think you should explore. Hi Ron, If I own my own home, can I rent out a room and declare that as income?

Now since I would lose any rent benefits since I own my home outright, is it possible to simply declare a boarder and gain the first The Shelter Allowance will still help cover other related expenses such as property tax, heating and other utilities. If you are providing lodging i.

I was wondering if you could help me with this issue. I live with my parents and receive ODSP and would like to move out. I am on a waiting list for Ontario housing, but that might take years to get. If I get a down payment from my parents, for a small townhouse once they sell their home, would that affect my ODSP?

You are allowed to own your own home as long as you live in it, without jeopardizing your ODSP. However, if the expenses to maintain that home exceed what you are receiving from ODSP by a significant amount, ODSP may wonder where you are getting the money from to support the costs of the home. Also, I suggest you talk to your ODSP worker about receiving the money from your parents before they actually give it to you to make sure you handle the receipt of that money appropriately.

What am I liable for? Husband disabled with terminal illness. What am I responsible for as his widow? This is more of a legal question than I financial one so I am not able to provide you with appropriate guidance. However, I suggest reading the following piece which discusses a court decision that confirms ODSP overpayments can be waived for a number of reasons, including financial hardship. I do not know how your OW will be affected, but I imagine they too will look at your collective incomes to determine if you can continue to receive OW.

I will also be inheriting some money which will go into a Henson Trust. I would like to use a part of this inheritance to add to the proceeds after selling the condo I live in now, to purchase another condo to live in.

If I understand you correctly, you will want to use some of the money in the Henson Trust to supplement the proceeds of the sale of the current condo in order to buy another condo of higher value? I have a sense there is more to your situation so it difficult for me to say if this is a wise strategy or not. Also get an email with jobs recommended just for me. Sales Advisor salaries in United Kingdom.

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45, Sales Advisor jobs available on Apply to Sales Advisor, Client Advisor and more! The job of an H&M Sales Advisor comes with a range of responsibilities –and lots of rewards. These Sales Advisors positions require flexibility for 6 days per. Job brief. We are looking for an enthusiastic Sales advisor to provide advice and assistance to customers to maximize the likelihood of a sale. You will be responsible for a variety of duties that pertain to creating an attractive environment for customers. An excellent sales advisor must be energetic and outgoing with excellent interpersonal skills.