April 2013

U.S. Virgin Islands residents pay income taxes to the Virgin Islands Bureau of Internal Revenue (VIBIR) rather than the Internal Revenue Service (IRS). The appellants in the recently decided case, Vento v. Director of Virgin Islands Bureau of Internal Revenue, (C.A. 3 April 17, 2013). Richard and Lana Vento filed a joint 2001 income tax return with the VIBIR, as did their three adult daughters. The United States argued that Richard and Lana Vento and their daughters (collectively, "The Ventos") were required to file those returns with the IRS instead. The proper tax jurisdiction depended upon whether they were bona fide residents of the U.S. Virgin Islands as of December 31, 2001.Continue Reading U.S. Third Circuit Uses Vento for Guidance on Residency

Although discovery is part and parcel of litigation, it is universally regarded as expensive and burdensome, and (sometimes) ripe for sharp practices.  One area where the legitimate fact-finding purpose of discovery runs up against the hardship of discovery is where a court orders discovery to proceed while a motion to dismiss that would, if granted, resolve the matter, remains pending.Continue Reading Staying Discovery Pending a Dispositive Motion to Dismiss

The statute of limitations is the deadline for filing a lawsuit. Federal law or the laws of a state or territory establish the amount of time an individual has to commence their lawsuit by filing their complaint.  If a party fails to file within the timeframe, in all but the rarest of instances, they will be barred from moving forward with their case, and it will be dismissed.Continue Reading Getting to the Court On Time!

As a small business owner, you have several different ways to form your business in the U.S. Virgin Islands.  The type of business entity that you select will hinge on numerous factors and conditions.  It is always best to seek the counsel of a corporate attorney who is familiar with business formation,such as those in the Corporate, Tax and Estate Planning Practice Group at BoltNagi PC. Continue Reading Liability Dangers of Sole Proprietorships & General Partnerships

The Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees that are eligible under the Act can take up to 12 workweeks of FMLA leave in a 12-month period for the birth, adoption or placement of a child, to care for a family member with a serious health condition, or because they are unable to work due to their own serious health condition.Continue Reading Changes Proposed for The Family and Medical Leave Act to Affect Veterans