Virgin Islands Uniform Law Commissioners Participate in National Conference

Tom Bolt, Managing Attorney of BoltNagi PC on St. Thomas; Yvonne Tharpes, Counsel to the 28th Legislature, of St. John, and Lisa Harris Moorhead, Virgin Islands Code Revisor, of St. Croix, were among the 260 practicing lawyers, governmental lawyers, judges, law professors, and lawyer-legislators participating in the 2010 Annual Meeting of the National Conference of Commissioners on Uniform State Laws (NCCUSL), which recently concluded in Chicago Illinois.

 

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The Importance of Estate Planning

 

As we all know, questions concerning death and disability are sometimes difficult for many families to discuss. However, individuals must address these issues in advance to ensure that their family members are in a strong position to deal with illness and death. Consider these vital questions, for starters:

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Deadline for Haitians to Apply for Temporary Protected Status Approaching

 

After the January 12, 2010 earthquake in Haiti, the U.S. government designated Haiti for temporary protected status (TPS) for a period of 18 months. Under section 244(b)(1) of the Immigration and Nationality Act, the Secretary is authorized to designate a foreign state for TPS upon finding that such state is experiencing an ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. 

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Supreme Court Gives Direction on Corporate Citizenship

A recent decision by the United States Supreme Court has resolved a long-standing ambiguity in the statutory requirements for determining the citizenship of a corporation for the purposes of invoking the diversity jurisdiction of the federal courts. 

In Hertz Corp. v. Friend 30 S. Ct. 1181, 175 L. Ed. 2d 1029 (2010), the Supreme Court identified two principal approaches to determining corporate citizenship for diversity purposes:  the locations of a corporation’s “business activities” versus a corporation’s “nerve center,” which might or might not overlap with the corporation’s nominal headquarters.  See id. at 1190-91.  But, despite the Court’s efforts, the shifting nature of the modern business place might reduce Hertz to a mere way-station on a longer journey.

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Have You Received Your "Making Work Pay" Credit?

As part of the Federal 2009 Economic Recovery Tax Law, taxpayers, including U.S. Virgin Islands residents, could be entitled to two tax credits on your 2009 federal income tax return, the “Making Work Pay Credit” and “Government Retiree Credit”.

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Timeshare Board Membership: A Key to a Successful Resort

Boards of directors of owners associations in the U.S. Virgin Islands and elsewhere play a critical role in managing timeshare resorts. This is especially true in mature resorts that are past the development stage and are being run by their owners. Boards frequently contract with management companies to handle the day to day operations of the resorts and may rely on their expertise -- so long as all is going well.  But even with the best of management companies, board members bear a fiduciary obligation to the ownership and  must monitor and review the performance of the manager, resolve policy issues, and engage in the long range planning that is essential for a resort to remain healthy.

A primary challenge for any interval ownership regime is attracting qualified people to serve on boards of directors of owners’ associations. Because interval owners usually own only a week at a resort and don’t reside where the resort is located, their interest in participating in the management of the resort may not be a high priority. In fact, many owners just want to visit and have fun. To participate in board functions takes time and effort that few are willing to expend. That being said, there seems to be, in most cases, people who are willing to step forward, either because they like to be involved or have a sense of duty or, in the case of a troubled resort, to protect their interests.

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Territory Receives New Probate Code

After over a decade of discussion, review and deliberation by the Virgin Islands bench and bar as well as the Law Revision Commission and several Legislatures, on February 8, 2010, U.S. Virgin Islands Governor John P. deJongh signed into law sweeping reforms of the Territory’s probate practice and procedure.

This new legislation reduces needless expense and delay in the administration of estates and trusts, enhances protections for those under guardianship and increases uniformity with other states and territories. This summary highlights five areas of important reforms enacted by the new legislation.

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Governor Signs Bill Protecting VI Consumers Utilizing Debt Management Services

 The Uniform Debt-Management Services Act (UDMSA) was signed into law  by Governor John P. deJongh Jr. of the Virgin Islands last Wednesday.  The act sponsored by St. Croix senators Terrence Nelson, Neville James and Samuel Sanes was drafted and approved by the Uniform Law Commission (ULC).   The UDMSA, approved by the ULC in 2005 and amended in 2008, was the result of a multi-year study into debt relief options for consumers. It is the first national effort at providing uniform rules to govern both consumer credit counseling services and debt settlement services.

 “In today's economic climate, we are finding more and more consumers turning to debt management companies, which have tripled in number over the past few years,” said Tom Bolt, Chair of the Virgin Islands Uniform Law Commission.   “There have been frequent instances or accusations of abuse by consumers who utilize these services.  This legislation regulates the industry in uniformity with other jurisdcitions, while protecting our Virgin Islands consumers.”

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VI Governor Appoints BoltNagi Attorneys

U.S. Virgin Islands Governor John P. deJongh recently appointed two BoltNagi attorneys to serve on territorial governmental boards. Managing Attorney Tom Bolt has been appointed as a member of the Interagency Council on Homelessness and Laura C. Nagi, Chair of the firm's Family Law and Children's Issues Practice Group as a member of the State Advisory Group of the Law Enforcement Planning Commission.

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Preparing an Individual Income Tax Return with U.S. Virgin Islands Income

The first "opportunity for solution" that you have in preparing a U.S. Virgin Islands Individual Income Tax return is that your tax preparation software doesn’t have a state module for the U.S. Virgin Islands. This is not a problem. A U.S. Virgin Islands income tax return is prepared using the same Form 1040 U.S. Individual Income Tax Return that is used throughout the United States. The major difference is the tax is paid to the U.S. Virgin Islands Treasury rather than the United States Treasury. This entry will cover some minor differences and practical tips which you may want to pass on to your tax preparer.

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