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Kevin McKernan Kevin McKernan

KEEP AN EYE OUT – BEWARE OF NEW HOLIDAY GIFT CARD SCAMS

Every holiday season brings on an increase in gift card scams. Unfortunately, scammers often use gift cards as a way to steal value from their victims. There are dozens of ways gift cards can be used by scammers to steal money.

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Kevin McKernan Kevin McKernan

WHAT TO DO IF YOU HAVE AN UNWANTED INTEREST IN A TIMESHARE

WHAT TO DO IF YOU HAVE AN UNWANTED INTEREST IN A TIMESHARE: Parents bought a timeshare at a vacation resort, and the resort representative advised them to execute a deed transferring ownership to their surviving children. At the time, it seemed like a good idea. Unfortunately, once Mom and Dad passed, the children were shocked to receive demand letters from the resort charging them hefty annual maintenance fees.

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Kevin McKernan Kevin McKernan

WHY TAX CREDITS ARE IMPORTANT TO SMALL BUSINESSES

Tax Credits vs. Tax Deductions – The government can provide a tax deduction or a tax credit to incentivize specific activities. Tax deductions reduce income subject to tax, whereas tax credits reduce the amount of taxes owed. Which is more valuable? As with most tax answers, it depends on the situation.

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Kevin McKernan Kevin McKernan

NEW YORK ADULT SURVIVORS ACT – WHAT EMPLOYERS SHOULD KNOW

The Adult Survivors Act, a law recently signed by New York Governor Kathy Hochul, will go into effect on November 24, 2022, and provide a one-year window for individuals to bring certain previously time-barred sexual offense claims, regardless of when the alleged act occurred.

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Kevin McKernan Kevin McKernan

WHO IS IN CHARGE OF SETTLING AN ESTATE WHEN A WILL IN NOT PRESENT?

If someone dies with a will, their will specifies who receives their property and who is in charge of settling their estate (called the executor). Beneficiaries can feel slighted by what they did or didn't receive, and some individuals are entirely excluded from inheriting anything at all. The legal process of challenging the validity of a will is called a will contest (or “contesting a will”).

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Kevin McKernan Kevin McKernan

DOL – ISSUES NEW INDEPENDENT CONTRACTOR RULE

The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA). Under the current 2021 rule, two “core factors,” those being control over the work and opportunity for profit or loss, carried greater weight than “non-core factors” in determining the status of independent contractors. The 2021 rule, which remains in effect until the proposed rule can be finalized, made it easier for employers to classify workers as independent contractors rather than employees.

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Kevin McKernan Kevin McKernan

ESTATE PLANNING USING 1031 EXCHANGES AND DELAWARE STATUTORY TRUSTS

STATE PLANNING USING 1031 EXCHANGES AND DELAWARE STATUTORY TRUSTS: Section 1031 of the U.S. Tax Code allows investment property owners to defer capital gains taxes and depreciation recapture by exchanging their relinquished property for “like-kind” replacement property.

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Kevin McKernan Kevin McKernan

STUDENT LOAN BORROWERS

Pell vs. Non-Pell: Loan forgiveness of up to $10,000 is available to non-Pell Grant recipients and up to $20,000 for Pell Grant recipients. Only Federal Student loans are able to be forgiven. Loans held through a private lender are ineligible for this program.

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