Recently in Forms Category

Form 8936: Plug-in Electric Drive Motor Vehicle Credit--Investopedia

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By 

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The Internal Revenue Service (IRS) offers tax credits to owners and manufacturers of certain plug-in electric drive motor vehicles, including passenger vehicles, light trucks, and two-wheeled vehicles. Taxpayers who own vehicles that qualify may file Form 8936 with their income taxes to claim the tax credit.

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The Jailhouse Lawyer's Handbook | Center for Constitutional Rights

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Since 1974, the Jailhouse Lawyer's Handbook has supported people who are incarcerated, their families, and advocates in challenging mistreatment and abuse in prisons. The Center for Constitutional Rights and the National Lawyers Guild launched an updated and revised version of the free resource in August 2021.

Read the 6th edition of the Jailhouse Lawyer's Handbook on our new interactive platform, or download a PDF version.

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Read more...


Model Local Laws to Increase Resilience | NYS Department of State

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Model Local Laws to Increase Resilience--Webinar Recording and Resources

DEC's Hudson River Estuary Program recently hosted a webinar on Model Local Laws to Increase Resilience, featuring Barbara Kendall from NYS Department of State and Mark Lowery from DEC.

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Covid vaccination card fraud prompts CDC action--NBC News

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By Kevin Collier and Ben Collins

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Specific directions showing how to forge Covid-19 vaccination cards have proliferated on conspiracy, pro-Trump and anti-vaccination forums throughout the internet in recent weeks, as users have exploited a largely makeshift verification system.

The cards, distributed by the Centers for Disease Control and Prevention, have been handed out to the more than 140 million Americans who have already received at least one dose of a Covid-19 vaccination. The Biden administration has declared it wouldn't create a federal vaccination database, citing privacy concerns, paving the way for the cards to become the country's default national way to verify if someone has been vaccinated.

And while one state -- New York -- has embraced a vaccination verification app, there is scant evidence that others are close behind.

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Read more...

October 8, 2020 | Release Number 20-81
Contact Carol R. Wilkerson at carol.wilkerson@sba.gov or 202-401-3059
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WASHINGTON--The U.S. Small Business Administration, in consultation with the Treasury Department, today released a simpler loan forgiveness application for Paycheck Protection Program (PPP) loans of $50,000 or less. This action streamlines the PPP forgiveness process to provide financial and administrative relief to America's smallest businesses while also ensuring sound stewardship of taxpayer dollars.

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Closing a Business | Internal Revenue Service

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Redesigned IRS.gov page helps people closing a business

The IRS has launched a redesigned webpage to help business owners navigate federal tax steps when closing a business.

"The IRS realizes small businesses and self-employed individuals are facing challenges in their personal and business lives during these uncertain times," said Eric Hylton, Commissioner, Small Business/Self-Employed Division. "Closing a business is a difficult decision and we want to help ease the burden for people making this tough choice. We redesigned the closing a business page on IRS.gov to help businesses comply with final tax responsibilities."

The information includes what forms to file and how to report revenue received in the final year of business and expenses incurred before closure.

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Steps to Take to Close Your Business

On this page:

  1. File a Final Return and Related Forms
  2. Take Care of Your Employees
  3. Pay the Tax You Owe
  4. Report Payments to Contract Workers
  5. Cancel Your EIN and Close Your IRS Business Account
  6. Keep Your Records

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Effective Jun 16, 2020
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All versions
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5_15_2020_COVID Response Plan_Google_Drive.docx - Google Drive

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One international law firm, based in New York State, has posted its "Return to Work Safely Protocol--COVID 19 Specific"  for all to see.  Its 68 pages of details on how to return to work when its time.

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MEMO: New Tax Law Section 1409 - New Requirements for TP-584 and NYC RPT Forms

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Amy Jasiewicz
Sep 26, 2019 3:22 PM
Amy Jasiewicz

On September 13, 2019, Governor Cuomo signed into law an amendment to Section 1409(a) of the NY Tax Law requiring additional information to be provided upon filing Form TP-584 when the grantor or grantee of a 1-4 family residence, is an LLC.  The new law is effective immediately and requires the identification of the names and business addresses of all members, managers and other authorized persons of the LLC.  The statute goes on to state that if a member, manager or authorized person is itself any type of business entity (not just an LLC) the names and addresses of shareholders, directors, and authorized persons need to be provided until full disclosure of ultimate ownership by natural persons is achieved.  The New York State Department of Taxation and Finance has not yet amended Form TP-584 and we are unsure to what extent the statute will require disclosure in situations where large companies, estates, trusts or the like are among the members, managers or authorized persons.  In any event, it is our understanding that county clerks will immediately being enforcing the law.

Jerry Antetomaso, Esq.

Chair
Real Property Law Section

Evans Fox LLP


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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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Editor's Note:

Click through and scroll down for interim forms from A&G Title...

NY Crime Victims Legal Help

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Empire Justice Center is excited to partner with Pro Bono Net, NYS Office of Victim Services and the Center for Human Services at the University at Albany to announce that a website connecting crime victims with civil legal services is now available statewide outside of New York City. The website New York Crime Victims Legal Helpwas piloted in several counties in the Spring and is now expanding to serve crime victims statewide.

"New York Crime Victims Legal Help was designed to be a single point of entry for crime victims to access civil legal information, resources and assistance. We have made it a priority to provide legal content written in plain language, with an eye on being victim-centered and empowering - giving people useful information and options that can help them. We're excited to help bring these tools to people all across upstate New York and Long Island.""
-Remla Parthasarathy, Crime Victims Legal Help Project Leader at the Empire Justice Center 

Link to full press release from Governor Cuomo

Crime Victims Legal Help Flyer

Crime Victims Legal Help Infographic





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Steps to Prepare and File an Extreme Risk Protection Order Application

An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others.  An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess.  An ERPO can also direct the police to search a person, premises or a vehicle for guns and remove them.  An ERPO case may be started by a district attorney, a police officer, a school official, or a member of the person's family or household.  It is a civil case.  ERPO cases have no criminal charges or penalties.

The petitioner is the person filing the ERPO application with the court.  The respondent is the person you are asking the Court to issue an ERPO against.  The petitioner can be a district attorney, a police officer, a school official, or a member of the respondent's family or household.  No matter who starts the case, you must follow these steps:

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New Form 1040 for 2019 Tax Season

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The IRS today announced plans to streamline the Form 1040 into a shorter, simpler form for the 2019 tax season. The new Form 1040 consolidates the current 1040, the 1040A and the 1040EZ into one form. The IRS will work with the tax community to finalize the streamlined Form 1040 over the summer to ensure a smooth transition.

Tax professionals can review a draft copy of the new Form 1040 and submit comments regarding the draft to WI.1040.Comments@IRS.gov.



New Bankruptcy Form, Rules Take Effect | United States Courts

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Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect Dec. 1.

Read more.




Each October 1 the Supplemental Nutrition Assistance Program (SNAP) adjusts the standards and deductions used to determine the amount of monthly benefits an eligible family will receive. This toolkit provides tools and resources to help community organizations when working with SNAP applicants.

Due to the decrease in the maximum SNAP benefit allotments and the minimum benefit amount, some families may see a small decrease in their SNAP benefit on October 1. This will be especially true for any family receiving the maximum benefit allotment for their household size and for elderly/disabled households who are currently receiving the minimum benefit. This change in benefits may be confusing to SNAP recipients because many will experience a small reduction in their monthly SNAP benefit even though they have not had any changes in their income or expenses. Our toolkit provides community organizations with updated tools and resources and information on how to help SNAP recipients maximize their SNAP benefits.


Access toolkit and forms...


What is the technology needed for access to justice?--ABA Journal

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By Mary E. Juetten, CA, CPA, JD, founder and CEO of Traklight. In 2015, Mary co-founded Evolve Law, an organization for change and technology adoption in the law. She was named to the ABA's Legal Technology Resource Center 2016 Women in Legal Tech list and the Fastcase 50 Class of 2016. She is the author of Small Law Firm KPIs: How to Measure Your Way to Greater Profits. She is always looking or success stories where technology has been used to bridge the justice gap, from pro-bono through low-bono to non-traditional legal services delivery. Reach out to her on Twitter @maryjuetten.

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Therefore, clients are demanding mobile applications that provide direct access to a firm. In addition, consumers want education; online questionnaires to gather information rather than in-person consultations; and free legal forms for specific practice areas. Rather than fighting this trend toward creating mobile legal products and services, attorneys can use online information-gathering tools to triage and educate clients and focus on professional judgment for problem-solving.

Firms have made standard forms free, for example Orrick's Start Forms Library. Also, legal plans have free forms on mobile applications, like LegalShield's Forms app, which includes more than 15 free forms for common consumer transactions like renting, buying and selling--plus freelance agreements. Taking it a step further, we need to use mainstream technology to create solutions for specific applications within the law. For example, we can utilize chabots to answer frequently asked questions or customizable expert systems for immigration or incorporation questionnaires.

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Read more...


Check out Orrick's Start Forms Library



Joshua Stein PLLC---Model Opinion of Counsel

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Joshua Stein

Joshua Stein

In "Model Opinion of Counsel," published in the N.Y. Real Property Law Journal, Joshua Stein offers a template for a variety of common opinions of counsel for commercial loan closings. Click here: 

www.pdf2go.org/100090.html




 How to Report a W-2 Data Theft

Businesses and payroll service providers can now quickly report data losses resulting from a scam fraudsters are using to trick employees into revealing W-2 information. Find out how at Form W2/SSN Data Theft: Information for Businesses and Payroll Service Providers. If notified in time, the IRS can prevent employees from being victimized by identity thieves filing fraudulent returns in their names. 

Separately, the Internal Revenue Service, state tax agencies and the tax industry warned tax professionals to beware of a phishing email scaminvolving IRS e-Services.

A tax professional who experiences any type of data breach should quickly report the incident to the IRS. Tax professionals may contact their local stakeholder liaison. See details at Data Theft Information for Tax Professionals.

Client Site Visits: Checklist for Success | The National Law Review

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Studies reveal that clients, more than ever, want and expect great service from their outside counsel. On top of that, clients value lawyers who know and understand their business, as well their people and their policies. Clients also want lawyers who are trusted advisors and counselors.

Lawyers and law firms that take the time ask "How are we doing?" and take a proactive interest in helping clients achieve their goals and objectives add tremendous value to the relationship and build trust and loyalty with the client. Being a competent legal technician is simply not enough anymore in today's competitive market place for legal services.

And what is the best way to achieve this type of relationship with clients? Go visit them. In fact, I recommend that partners visit their top four clients each year. Show you care. Ask smart questions. Listen, learn and respond appropriately.

(Click here for) our Client Site Visit checklist, which offers practical guidance to lawyers who are interested in enhancing their relationships with top clients.

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Like the previous editions, this third edition seeks to help tenants' attorneys identify and, if they choose to, raise "silent lease issues" when they review a typical landlord's standard commercial lease.


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---------- Forwarded message ----------
From: Leahy, Bill (ILS) <Bill.Leahy@ils.ny.gov>
Date: Mon, Apr 4, 2016 at 4:26 PM
Subject: Criteria and Procedures for Determining Assigned Counsel Eligibility

Dear Board Members, Chief Defenders, Parental Representation Providers, County and City Officials:

 I am pleased to share with you the Criteria and Procedures for Determining Assigned Counsel Eligibility. They are the product of public hearings and surveys we conducted, in which many of you participated. These Criteria and Procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but "who are financially unable to obtain counsel." County Law § 722. They are issued in accordance with Section VI of the Stipulation and Order of Settlement in Hurrell-Harring v. The State of New York and the authority granted to ILS under Executive Law § 832(3)(c). Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

 I would like to emphasize a few points about these Criteria and Procedures:

 ·         Both the statute and the settlement order state that the Criteria and Procedures are intended "to guide courts...in determining whether a person is eligible for" publicly funded representation.

 ·         The Criteria and Procedures do not require any change in current practice whereby some judges determine eligibility directly, while others delegate eligibility recommendation responsibility to a screening entity.

 ·         The Criteria and Procedures respond to decades of criticism of New York's failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel.  In particular, they address the 2006 Kaye Commission critique that "guidelines for the appointment of counsel exist only in a few counties and that even in those counties, the guidelines were not uniformly applied."  Therefore, "a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county."

 ·         The process that we used to develop these Criteria and Procedures is explained at pp. 6-10.  I emphasize here that an important resource discovered at one of our eight public hearings was the 1977 Memorandum by the then-Director of the Third Judicial Department, Richard J. Comiskey, prepared at the direction of then-Presiding Justice Koreman and entitled "Assignment of Attorneys to Represent Individuals who are Financially Unable to Obtain Counsel."  Our Criteria and Procedures build upon that early effort, which may be found at    https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Written%20Submissions/6th%20JD/Murphy/1977%20Third%20Department%20Memo.pdf.

 ·         We have heard and we respect the concerns that the implementation of these Criteria and Procedures may, in some localities, increase the number of persons who are eligible for the appointment of counsel. The data collection procedures described at pp. 50-51 are designed to measure that potential fiscal impact. Even in advance of implementation, during this six-month period of preparation, we will attempt to estimate the potential fiscal impact in particular localities; and we will seek additional state funding to pay for any increase in local costs which is attributable to their implementation.

 ·         A comprehensive study that we undertook to inform our establishment of these Criteria and Procedures is available for review on our website, https://www.ils.ny.gov.   That report is entitledDetermining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement (Final Report: February 12, 2016). The Criteria and Procedures themselves are also accessible on our website.

 ·         As explained at page six, second paragraph, these Criteria and Procedures apply to criminal court proceedings in the counties outside of New York City.  However, we hope that they will provide guidance also to judges making eligibility determinations in criminal cases in New York City, and to Family Court judges statewide.

 Thank you all for your efforts to improve the quality of legally mandated representation in New York.

 Bill 

 William J. Leahy

Director

NYS Office of Indigent Legal Services

80 S. Swan Street

11th Floor

Albany, NY  12210

518-486-5747 (office)

617-997-9091 (mobile)

bill.leahy@ils.ny.gov

http://www.ils.ny.gov


Editor's NOTE:  Forms are included in the appendices to the document.

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