All posts by Torrence Howell

Should Your California Business Elect S Corporation Status? Learn About the Pros and Cons

Should Your California Business Elect S Corporation Status? Learn About the Pros and Cons
There are a number of common business entities, none of which is perfect for every situation. In recent years, more companies have been taking advantage of the option to elect S Corporation status. Let’s review the major business entity options and then the advantages of an S Corporation. Then call Law Offices of Torrence L. Howell at (909) 920-0908 for a free case evaluation with a business law attorney.

The most common types of business entities

There are five types of business entity that are more common than others. They include:

  • Sole proprietorship.
  • Partnership.
  • Corporation (also known as a C Corporation).
  • Limited Liability Company (often referred to as an LLC)
  • S Corporation.

The right option for your business will vary based on many factors, which is why your best bet is work with an attorney who has experience with forming corporations and LLCs.

What is an S Corporation?

An S Corporation, unlike other options, isn’t an entity that’s formed through the Office of the California Secretary of State. Instead, it’s a type of tax election that you make with the IRS. It essentially indicates that the owners of the company want to be taxed differently compared to the default treatment for whatever their entity is.

Not every company can elect S Corporation status

In order to quality for S Corporation status, there are specific requirements your company must meet. First, you must be an American company or LLC. Second, your shareholders can be individuals or certain trust and estates, but can’t be corporations, partnerships, or non-resident alien shareholders. In totally, your shareholder / members can’t number more than 100.

Other requirements include only having a single class of stock or ownership interest and not being certain corporations that are ineligible. For example, some financial institutions and insurance companies can’t elect S Corporation status. To find out for sure if your company qualifies, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for more information.

There is one main benefit to electing S Corporation status

While there are actually a few different benefits to electing S Corporation status, the main advantage to both LLCS (both with a single member or with many members) is that you can take money out of the company without having to pay employment taxes.

How is this possible? Simple: You don’t have to pay employment taxes on dividends from your S Corporation. Put another way, the earnings and profits that go into your company and then to you, as he owner, aren’t taxed as income. They are taxed, but in a different (and typically lower) amount than if they were taxed as employment moneys.

The largest your dividends are, the lower your employment tax will be. As a result, an S Corporation makes it possible for you to save on Medicare and Social Security taxes. To learn more about this and other options, reach out to Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation. We are here to answer your questions and get your company moving forward.

Have You Received Threats of Violence Against You? Hire a Domestic Violence Attorney Today

Have You Received Threats of Violence Against You? Hire a Domestic Violence Attorney Today
If you’ve been threatened by a romantic partner, whether a spouse or a boyfriend or girlfriend, you don’t have to wait for them to hurt you to get help. If you are concerned for your well-being then those of us at Law Offices of Torrence L. Howell hope that you’ll get help today. Read on to learn more and then contact us at (909) 920-0908 for a free case evaluation.

The Domestic Violence Protection Act provides protection

The Domestic Violence Protection Act helps victims who have been threatened but have not yet been physically attacked. However, we highly recommend that you first work with an attorney. We can help protect your rights and ensure that your situation is taken as seriously as it should be.

Get help with a variety of situations

The threats that the aggressor is making must be reasonable, which means that you must have a real rear for your safety. For example, if someone threatened to put you on a rocket ship to Mars, that is not a realistic threat but if they said they’d show up at your work and hurt you, then this may be much more credible.

At Law Offices of Torrence L. Howell we can help you if you’re the person being threatened but we can help if others you’re close to are threatened as well, including your children or other family members. It doesn’t matter if the threats were made in person or online. We may even be able to help you if someone has made threats to your pets.

Let us help you prove what’s happened to you

It’s fairly easy to get an emergency protective order but in order to get a long-term restraining order, or to prove to the courts that the aggressor shouldn’t have custody of shared children, you need more than just your word.

When you work with a domestic violence attorney, we can help secure the evidence you need. It may require going through emails on your computer, chats on your social media programs, or texts on your phone. We may need copies of certain pages of your diary or we may need to find witnesses who can collaborate your story.

You don’t have to wait to be hurt – get out now

It’s unfortunate that many people who are the subject of domestic violence threats believe that there’s nothing they can do unless they’ve been hurt. They also believe that they don’t have the money to leave. The truth is that if you’re married to the aggressor in question, we can work to get you temporary alimony that allows you to get out of a dangerous situation.

At Law Offices of Torrence L. Howell, we don’t want you to spend one more second in an abusive, frightening situation. Contact us at (909) 920-0908 for a free consultation. We can listen to your story and inform you of your options and your rights. We know this is a scary time for you but there is help. All you have to do is call.

Trademark Infringement Lawsuits: A Look at Both Sides

Trademark Infringement Lawsuits: A Look at Both Sides

All business law is complex but trademark infringement cases in particular can be complicated. Essentially, trademark infringement refers to a person or entity unlawfully using a trademark or using something that’s so similar to another trademark that it’s likely to confuse or convince a person.

When a trademark lawsuit arises, it can be either a civil lawsuit or it can be filed in federal court. At Law Offices of Torrence L. Howell we can both go after people or entities that are illegally using your trademark and we can help defend against accusations of trademark infringement. Read on to learn about both sides and then contact us at (909) 920-0908 for your free case evaluation.

Proving that someone is infringing in your trademark

There are three main things that must be proven in a trademark infringement case:

  • That the plaintiff owns a valid trademark;
  • That the plaintiff’s rights to the trademark trump any rights the defendant has to the trademark; and
  • The defendant’s trademark is likely to confuse consumers.

When a plaintiff has their trademark registered, there are presumptions that the trademark is valid and that they own the trademark. Additionally, that they have the exclusive right to us it in the U.S. In some cases, the defendant may work to rebut these facts.

Courts will consider a wide range of factors

When the court hears this type of case, they’re going to consider a wide range of evidence including how similar the trademarks really are, if the goods or services provided by the plaintiff and the defendant are similar enough that consumers may make mistaken assumptions, how and where the goods are advertised, sold, and marketed, the purchasing conditions, whether there’s evidence of actual confusion caused by the infringing trademark, and the strength of the plaintiff’s trademark.

Potential defenses to allegations of infringement

If you’re accused of infringing on another party’s trademark, then you need to speak with a business law attorney right away. The best way to handle your particular case will vary based on the facts of your case, but some common options include proving that your use was covered under “fair use,” showing that your product is geographically remote from the plaintiff’s product, and showing that it’s unlikely that a consumer would mistake your trademark for the plaintiff’s trademark.

Don’t wait to get the legal advice you need

Whether you’re being accused of trademark infringement or you know that another party or entity is using your trademark unlawfully, it’s important to contact an attorney as soon as possible. The sooner you work with Law Offices of Torrence L. Howell, the more prepared we can be to handle your case. Our goal is always the best possible outcome and that outcome will be different for one company than it would be for another.

As a result, you need specific legal advice about your specific case. Contact us today at (909) 920-0908 for a free case evaluation. We are here to help make this process as simple as possible and to fight for your rights.

There Are Many Reasons for Custody or Child Support Modifications: Find Out What Your Options Are

Hispanic girl sleeping in bed surrounded by stuffed animalsWhen child custody and child support agreements are drawn up, they are based on the facts of the situation at that time. When those facts change then the agreements may need to change. Read on to learn about some of the most common reasons that these changes are made and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation.

Common reasons for child support modifications

There are two main categories of reasons that child support is modified: The financial situations of one or more parents changes dramatically or the needs of the child change dramatically. More specific examples including the parent responsible for child support experiencing a health or income issue that makes it impossible to pay support or the parent who’s been receiving support beginning to earn more money.

If the parent who’s receiving child support gets remarried then a modification may be needed, and if the custody is modified then a modification may be possible. Changes the child go through that may trigger a modification to child support include the child becoming emancipated, having a new medical or education need that requires financial support, or needing support after their 18th birthday because of a disability.

As the courts consider modifications for child support, their number one concern is the wellbeing of the child. That said, you still need an attorney on your side – no matter the situation. You can trust Law Offices of Torrence L. Howell to provide you the experienced and comprehensive support you need.

Common reasons for child custody modifications

As is true of child support, the purpose of a child custody agreement is to ensure the best interests of the child are respected. However, what’s in their best interest today may not be the same as what was in their best interest a few years ago. As the child grows up, and their parent’s see changes in their own lives, it may be necessary to modify custody.

Examples including joint custody changing to sole custody due to an unsafe environment in one of the homes, one parent being deployed or incarcerated, one parent developing an addiction and / or mental illness that requires supervised or reduced visitation, a parent who was once unfit demonstrating that they are ready for increased contact with their child, and a custodial parent moving and need to change their visitation schedule with the noncustodial parent.

No matter your situation – an attorney can help you

If you see your specific issue listed above then we urge you to call us at (909) 920-0908. However, if you have a different issue that involves child support, child custody, visitation, or any other family law issue, we can help you too. Your first call is free and during that time we will go over the basic information and offer you options.

There’s no risk to working with us. You need the best legal advice possible and that’s what you’ll get with Law Offices of Torrence L. Howell. Call today for more information.

Ask a Family Law Attorney in Upland CA: Answers to Frequently Asked Questions

Businesswoman with question mark looking for answers, questioning and wondering about uncertain future in corporate business

At Law Offices of Torrence L. Howell, we’re happy to provide a free case evaluation to anyone who has questions about their divorce, child custody case, or other family law issue. However, we also know that there are some questions asked more frequently than others. Read on to get answers to some of those frequently asked questions about CA family law and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation.

What is alimony and how does it work?

In the event that one spouse has a much higher income than the other, the lower-earning spouse may be entitled to alimony. This is designed to allow them to continue living in a lifestyle similar to the lifestyle they had while they were married. An alimony agreement will cover the amount of alimony, how long it will last for, how and when it will be paid, and information about any cost of living adjustment included.

What happens to the funds in my retirement account when I get divorced?

Each spouse has the right to half of the value of any and all retirement accounts that were funded with joint assets. In some cases, such as IRA or similar accounts, it may be possible to buy out your spouse or to split the account without incurring a tax penalty.

How much child support will be paid?

Child support is based on a Guideline Calculation, though some adjustments can be made for special circumstances. Some of those special circumstances that can affect child support amounts include adjustments for cost of living, the cost of a child’s extracurricular activities, the costs of private school tuition or college tuition, and expenses related to medical care.

Do I have to allow my ex visitation rights to our child?

If you have a visitation order in place then you must follow that order or face potential criminal charges. However, if you have a valid reason to want the agreement changed, then you may be able to do so. Valid reasons may include the other parent development a drug problem, becoming involved in illegal activities, becoming involved with an abusive partner, or not provided a safe home for the child. If any of these are the case, then you are urged to call Law Offices of Torrence L. Howell at (909) 920-0908 right away.

Is there any way to change what’s included in my divorce decree?

You can appeal the court’s decision if you have a legal reason to do so. In some cases, you can request modifications to orders, such as alimony, if your situation has changed significantly since the original order. If you’re in this position, then your next call should be to a family law attorney who can assess your needs.

Do you still have questions? Do you need to know what your options are in your specific situation? Then reach out to Law Offices of Torrence L. Howell at (909) 920-0908 right away. We can offer a free case evaluation and can offer you our best advice on how you can move forward.

Property Distribution After a Divorce: What Happens When One Party Owns a Business?

Property Distribution After a Divorce: What Happens When One Party Owns a Business?There are many steps to a divorce that are complicated and emotional. Property distribution can be one of the hardest parts. It would be hard enough anyway, but too often one party will try to hide money or assets. We’ve also seen many situations in which one party feels guilty and gives away much more than is fair.

For these and other reasons, it’s essential to hire a family law attorney in California who is experienced with property rights. When you work with Law Offices of Torrence L. Howell, you can count on all your rights being protected. He has a dual background in finance and family law, which means he understands even the most complicated of property disputes. To get a free case evaluation, give our offices a call today at (909) 920-0908.

Remember that California is a community property state

Remember that California is a community property state, which makes things easier in some ways. What it means is that both spouses are automatically entitled to half of everything acquired during their marriage, including everything in their bank accounts, retirement funds, jewelry, furniture, stocks, bonds, cars, collectibles, and real estate.

Of course, this can get more complicated when discussing assets a person had before the divorce, or if the situation involves income that comes from a property that one spouse had before they were married. Once again, that’s why you need a family law attorney in California who’s highly experienced in even the most complex divisions of property.

Everything doesn’t have to be split 50/50

The fact that California is a community property state means that assets and belongings can be split 50/50 but it doesn’t mean they have to. If you and your spouse can come up with an agreement that works better then you can move forward with that. For this reason, you need an attorney who has experience negotiating.

What happens when one party owns a business?

If you or your spouse own a small business, then you can expect that the value of that business will be a highly contested factor when it comes time to divide property. Law Offices of Torrence L. Howell has represented business owners who need to protect their assets and he’s represented spouses who believe that they have a right to a portion of the profits from their spouses business.

No matter what side you’re on, you can count on Law Offices of Torrence L. Howell to have your best interests in mind. With his unique background in both business law and family law, he’s the shrewd, successful advocate that will help you feel confident that you’re moving forward.

Call today for a free case evaluation

No matter where you are in the process, whether you’ve already moved out or you’re just starting to consider a divorce, it’s essential to talk to an experienced divorce attorney. Call Law Offices of Torrence L. Howell at (909) 920-0908 today for your free case evaluation. We can determine what your options are, what the best way to move forward will be, and come up with a plan to get you moving.

Ownership Disputes Can Be Avoided: Work with a California Business Attorney

Ownership Disputes Can Be Avoided: Work with a California Business AttorneyThere are many reasons that anyone considering starting a business or going into business with anyone else should work with a California business attorney. Today we’re here to discuss how you can plan effectively to avoid ownership disputes months or years down the road. To learn more, keep reading, and then contact Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation.

It’s essential to have a business plan that offers specifics about ownership

If you don’t have an agreement that’s been signed by all parties stating how, where, and when any and all owner disputes will be settled, then you could end up in a very complicated situation the future. In most of those cases, you’ll be at the mercy of California provisions that may or may not work for your company. The best way to avoid this situation is to work with an attorney who can create and explain documents that will clearly outline these issues.

Figuring out the details after there’s an issue is much harder

Too often we see friends or family members go into business together and ignore advice to put everything into writing. They may have had a relationship for decades and they assume that it will continue the way it’s always been.

In some cases, that’s how it works – the business runs smoothly and there are no issues. Unfortunately, in most businesses there will come a point when there will be a business dispute about something significant. If you wait until there is already a problem before you draw up plans on how to resolve those problems, then it will be much harder to agree on how to handle the situation.

All relationships lead to disputes eventually

Can you think of any relationship in your life that doesn’t have a conflict now and then? Most people can’t. When you sit down with your future business partner to discuss how you’ll handle future conflicts and agree on a plan ahead of time, when the time comes up that there’s an issue, it’ll be solved much more quickly and easily. When you create a specific, step by step plan on how to handle these issues, you can avoid wasting hours, weeks, or even months arguing and can instead focus on building your business.

Work with an attorney who can help with all your business law needs

At Law Offices of Torrence L. Howell, we have the experience and expertise to help you with any and all business law needs. If you’re about to start a business and you don’t know whether you should incorporate, become an LLC, etc., give us a call at (909) 920-0908. If your company is about to change ownership and you need an attorney’s opinion, reach out to us.

No matter what your business law needs are, there are several things you can count on: We will offer you a free case evaluation and let you know what your basic options are and we will fight for fair, fast, and solid solutions to all issues of business law.

Have You Been the Victim of Sexual Abuse? Work with an Attorney Who Will Make Sure Your Rights Are Respected

Have You Been the Victim of Sexual Abuse? Work with an Attorney Who Will Make Sure Your Rights Are Respected Using sex to control of maintain power over someone is one of the worst crimes a person can commit against another. If this is something you’ve been through then we encourage you to contact a domestic violence attorney right away. If you’re like many victims in your situation, you may not even realize what rights you have. We can help. Call Law Offices of Torrence L. Howell today at (909) 920-0908 for a free case evaluation.

Work with a caring and compassionate attorney

It’s normal for victims to feel a range of feelings during this time. Some feel ashamed and others are embarrassed. It’s common for victims to downplay what happened to them. At Law Offices of Torrence L. Howell, we understand the urge to do this but we hope that you’ll reach out to a caring and compassionate law firm who can help you. If you have questions about your options, please call Law Offices of Torrence L. Howell at (909) 920-0908 today.

We can help you secure a restraining order and more

One of the first things we’ll often do is work to have a restraining order issued against your abuser. We can help with any type of sexual abuse, whether it’s marital rape, forced sex following physical violence, forcing a victim to perform sexual acts or pose for sexually explicit photos. This is just a partial list of the types of abuse that unfortunately happens every day.

Your first step is to get medical attention

Immediately after you’ve been sexually abused, the first thing to do is get medical care. You should then call the police to report the crime. The third step is to contact a sexual abuse attorney who can help you. Not only does Attorney Howell have a wealth of experience securing restraining orders – both temporary and permanent – but he has a lot of experience in other types of family law as well. This will be especially important if you are married to or have children with your abuser.

You shouldn’t have to live in fear

When you choose to work with Law Offices of Torrence L. Howell, you can count on our entire staff to work tirelessly to make sure that you’re as safe as possible. We know the law inside and out and know each and every way we can protect you from a legal standpoint. We can also point you in the direction of other resources that are often helpful to victims of abuse. You don’t have to go through this alone – there is help out there.

Your initial consultation is free

If you have been sexually abused and you want to know what your options are then the next thing to do is call Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation. We will listen to your story, get the basic information we need, and advise you on the various options you have moving forward. You can trust our office to be compassionate, honest, and dedicated to your case. We can help you through this. Just call us today and let us take care of the rest.

Purchasing a Business with Seller Financing Can Benefit All Parties

Purchasing a Business with Seller Financing Can Benefit All Parties

It’s common for the person or entity who’s buying a business to not have the resources required to complete a cash sale. In that case, the seller may choose to finance a portion of the purchase price. Believe it or not, this can actually work out well for both the buyer and seller – as long as you’re working with a California business law attorney who makes sure everything is on the up and up.

There are advantages to the seller

It’s common for a seller to not be sure that they want to financing any part of the sale, because they run the risk that the buyer won’t pay them as they’ve agreed to. However, it’s often the case that a seller that’s willing to offer financing can get a higher price for the business.

Additionally, when a seller agrees to financing a certain percentage of the price, they’ll increase the number of companies or people interested in buying their business – which can make it both faster and easier to find the right buyer. It’s also true that some buyers won’t even consider buying a business if the seller isn’t willing to provide partial financing because they like the idea that the seller has some interest in the transaction coming through smoothly.

There are advantages to the buyer

The advantages aren’t just for the seller – the buyer has some advantages too, most of which are a little more obvious. For example, the buyer is able to purchase a business that’s beyond what they can personally handle paying in cash because the seller is willing to financing a portion of the sale. If they work with a savvy attorney who can help with the change of ownership, then they can get a reasonable Interest rate – which means they can avoid financing options that come with huge interest rates.

Finally, consider that if the entity buying the business is looking for a small business loan or a loan from their bank to cover a portion of the purchase price, the lender may very well look for seller financing for some of the cost because it indicates that the seller believes that the company they’re selling is likely to turn a profit right away. It’s seen as a sign of strength and some lenders will insist on it.

Do you have questions about the best way to buy or sell a business?

If you’re interested in selling your business or buying a business, then you should speak to a business attorney. At Law Offices of Torrence L. Howell, we have the experience you need. We can assess the deal, ensure everyone is getting a fair shake, and move forward with the necessary legal documents.

Call us today at (909) 920-0908 and get started with your free case evaluation. We’ll quickly go over your situation, will offer our general advice, and if you decide to move forward, we can begin to put a plan into motion.

Mental Abuse is Domestic Violence: Work with an Attorney Who Understands Your Situation

Mental Abuse is Domestic Violence: Work with an Attorney Who Understands Your Situation

Many victims of mental abuse don’t realize that a person doesn’t have to hit them in order for them to be the victim of domestic violence. There are a wide range of ways that a person can exert power and control over their spouse, partner, or relative, and many of those ways don’t involve any type of physical contact. If you’re in that position, if you think you’ve been the victim of mental abuse, then today is the day to contact Law Offices of Torrence L. Howell at (909) 920-0908 to get help.

What exactly is mental abuse?

There are a number of actions and words that could qualify as mental abuse. In short, if you feel powerless, intimidated, humiliated, or worthless as the result of something someone did or said, then you’ve been the victim of mental abuse. Some examples of the most common types of mental abuse include:

  • Being constantly criticized.
  • Being intimidated.
  • Being stalked in real life or online.
  • Being called names and being put down.
  • Being threatened by someone that they’ll reveal private information you wouldn’t want revealed.
  • Being forced to isolate from friends and family.
  • Someone threatening to hurt you or your children, pets, family members, etc.
  • Being the victim of mind games.
  • Being made to feel guilty on a regular basis.

Note that these are just some examples. If you believe these or other examples of mental abuse apply to you, then call Law Offices of Torrence L. Howell at (909) 920-0908 for your free case evaluation.

How can a domestic violence attorney help me in this situation?

If you’re ready to get out of the cycle you’re in, then a domestic violence attorney is just who you need to call. We can ensure that you have every protection offered under the law to keep you safe. For example, we may work to get a restraining order against your abuser, and we may petition for temporary alimony to ensure you can afford to leave, and for child custody and support to ensure your children are safe and cared for. We can also help you as you move forward with a divorce, separation, or other type of legal maneuver.

We are here to help you with your case

You are not alone. No matter where you are today, whether you feel stuck and as though there are no options to get out, or you’ve already left but don’t know what to do next, Law Offices of Torrence L. Howell is here to help you. Our experienced staff is compassionate, professional, and on your side. We will fight for you in every way we can.

Your next move is to call us at (909) 920-0908 for a free consultation. We’ll briefly go over where you’re at, what you need, and how we can help you. We’ll outline your options so you can make the most informed decision. We will not pressure you and we will not judge you. We are here to help – and we’re just a call always.