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Discussion on WB/JKR vs. RDR/SVA, Continue the discussion here
Harrys Horntail
post Feb 14 2008, 01:28 AM
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Hi everyone,

Since Part IV of this discussion has reached 50 pages we've closed it and opened this thread to continue the discussion. You can find Part I, Part II and Part III at the links just provided. You'll also find a thread titled "The Impact of this suit on Fandom" thread here.

We do ask that we all remember to remain calm, and fair in our discussion of this topic. We understand that this is a sensitive topic and just ask that before you post you look at your words with the eyes of an outsider.

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Vicky-the-house-...
post Feb 14 2008, 04:31 PM
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The following is OFF TOPIC, but I had to address the information in the following quote.
The following quote is from Arianhrod
QUOTE
My guess is that it depends on the tax status of the organization. You can file non-profit but still be required to pay tax, or you can be non-profit and tax exempt. I believe those records must be disclosed. If you are registered as a for-profit, I'm not so sure. However, here's the rub with that. If you are registered as a for-profit and an LLC, is your staff considered employees? If so, should they be paid?


An entity that's designated as an LLC must make that public. If it's an Inc., it can be either S Corp or C Corp. If it's an S, it's probably taxed like an LLC. Sorry, it's been years since I had business and media law; I might be wrong.

The following are excerpts from the IRS website:
What is the difference between non-profit and tax-exempt status?

Non-profit status is a state law concept. Non-profit status may make an organization eligible for certain benefits, such as state sales, property, and income tax exemptions. Although most federal tax-exempt organizations are non-profit organizations, organizing as a non-profit organization at the state level does not automatically grant the organization exemption from federal income tax. To qualify as exempt from federal income taxes, an organization must meet requirements set forth in the Internal Revenue Code. See Types of Tax-Exempt Organizations or Publication 557 for more information.
A limited liability company (LLC) is an entity formed under state law by filing articles of organization as an LLC. Unlike a partnership, none of the members of an LLC are personally liable for its debts. An LLC may be classified for Federal income tax purposes as if it were a sole proprietorship (referred to as an entity disregarded as separate from its owner), a partnership, or a corporation.
Employees of all LLCs are subject to withholding taxes.

Some corporations may meet the qualifications for electing to be S corporations. For information on S corporations, see the instructions for Form 1120S, U.S. Income Tax Return for an S Corporation.

An eligible domestic corporation can avoid double taxation (once to the shareholders and again to the corporation) by electing to be treated as an S corporation. Generally, an S corporation is exempt from federal income tax other than tax on certain capital gains and passive income. On their tax returns, the S corporation's shareholders include their share of the corporation's separately stated items of income, deduction, loss, and credit, and their share of nonseparately stated income or loss.

Sorry for the long post, the IRS is not known for brevity. If anyone wants to start a thread about the various tax statuses I will be glad to participate after May 15. To check the above excerpts, just to www.irs.gov. The search engine is pretty good.

The LLC staff issue: my understanding is that staff would be considered employees whereas owners are considered members.

Does it show that I’m a Tax Accountant?
Vicky

Sorry for double-posting, but rotfang07 posted the following just before the flames errupted. I think it is very good tongue in check humor & I think we all could do with a chuckle right now

QUOTE
Warning to all Leaky Staff from my “legal team” in London:

1. Under no circumstances are you to allow any Web Mistress (henceforth known as “MelissaTLC”) to approach or post upon your site particularly should said “MelissaTLC” be holding any form of drinking vessel that may contain the substance known as coffee. Or, according to our “medical team”, before one full hour has passed since said “MelissaTLC” last partook of said beverage. We have it on the highest authority that if this practice is not IMMEDIATELY ended the legal and medical ramifications could be catastrophic.

2. Steve is in London. We Londoners do not carefully read any posts made in New York or any of our former colonies. No posts made from London on any other sites are therefore to be taken remotely seriously, and are certainly not to be considered legally binding.

3. All rational considerations and thinking have been temporarily suspended in London due to stress. We are currently on a (caffeine-free) break.

4. All inane posts that refer to Leaky in any disrespectful, discourteous, impudent, impertinent, churlish, or contemptible way are to be referred to the Most Leaky Inquisitorial Board here in London, whereupon our dedicated and professional staff will be sent post haste to said addressees for the requisite hanging, drawing, and quartering, in pursuance of our finest and most noble traditions.

5. London has abandoned all copyright law and infringement. We no longer care whether anyone in our former colonies or Empire has stolen our ideas to make a fast buck whilst suffering under the delusion they are doing the world a favour.

6. We have renamed the Mall leading to Buckingham Palace, “Melissa Anelli Boulevard”, because it sounds classier than Steve Vander Ark’s Lane. Apparently some American has been seen claiming that he constructed it, that it really belongs to him, and has even set up a tollbooth at its entrance. Someone overheard him cry: “But you have to pay me, I built it …”, after accidentally having run him over upon refusing him payment.

Fantastic post. How does one become a member of the MLIB? tongue.gif

edited to merge two consecutive posts


This post has been edited by Iheartprofessorsnape: Feb 14 2008, 11:41 PM
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Posts in this topic
- Sethtaylorsummer   Discussion on WB/JKR vs. RDR/SVA   Feb 14 2008, 01:28 AM
- - magicpants   This is a fairly long post, but I am trying to mak...   Feb 14 2008, 02:24 AM
- - Hinoema   I'd like to add one more thing, if I may, afte...   Feb 14 2008, 02:56 AM
|- - magicpants   QUOTE(Hinoema @ Feb 14 2008, 08:56 AM) As...   Feb 14 2008, 03:19 AM
|- - Lidane   QUOTE(magicpants @ Feb 14 2008, 02:19 AM)...   Feb 14 2008, 03:47 AM
- - linden swallow   Hinoema - you write: "The first question I th...   Feb 14 2008, 05:41 AM
- - Hinoema   QUOTE(linden swallow @ Feb 14 2008, 11:41...   Feb 14 2008, 06:39 AM
- - Moriah   QUOTE(davidenglish @ Feb 14 2008, 12:58 A...   Feb 14 2008, 07:11 AM
|- - davidenglish   QUOTE(Moriah @ Feb 14 2008, 12:11 PM) I ...   Feb 14 2008, 08:22 AM
|- - theredwitch   QUOTE(davidenglish @ Feb 14 2008, 01:22 P...   Feb 14 2008, 09:19 AM
|- - davidenglish   QUOTE(theredwitch @ Feb 14 2008, 03:19 PM...   Feb 14 2008, 11:33 AM
- - tgfoy   Having no knowledge of the way the system works in...   Feb 14 2008, 07:15 AM
- - wondering   It is puzzling me but if in a case such as this on...   Feb 14 2008, 08:38 AM
|- - Moriah   QUOTE(wondering @ Feb 14 2008, 08:38 AM) ...   Feb 14 2008, 08:52 AM
|- - tgfoy   [quote name='wondering' date='Feb 14 2...   Feb 14 2008, 09:33 AM
- - Hinoema   Personally I see no problem with Melissa expressin...   Feb 14 2008, 09:28 AM
|- - roonwit   QUOTE(Hinoema @ Feb 14 2008, 02:28 PM) Pe...   Feb 14 2008, 10:16 AM
- - Arianhrod   QUOTE(magicpants @ Feb 14 2008, 02:24 AM)...   Feb 14 2008, 10:42 AM
|- - jeleyan   QUOTEQUOTE(magicpants @ Feb 14 2008, 02:2...   Feb 14 2008, 11:31 AM
|- - dresdenfiles.fan   QUOTE(Arianhrod @ Feb 14 2008, 09:42 AM) ...   Feb 14 2008, 12:03 PM
|- - roonwit   QUOTE(Arianhrod @ Feb 14 2008, 03:42 PM) ...   Feb 14 2008, 12:10 PM
||- - Henrietta   QUOTE(roonwit @ Feb 14 2008, 09:10 AM) QU...   Feb 14 2008, 01:01 PM
|- - Lidane   QUOTE(Arianhrod @ Feb 14 2008, 10:42 AM) ...   Feb 14 2008, 07:24 PM
|- - magicpants   Hi, back for another long-winded post, in response...   Feb 16 2008, 02:39 AM
|- - magicpants   QUOTE(Arianhrod @ Feb 14 2008, 04:42 PM) ...   Feb 16 2008, 02:43 AM
- - wondering   Oh, I thought the expert witness was Professor Jan...   Feb 14 2008, 11:09 AM
- - Arianhrod   QUOTE(Hinoema @ Feb 14 2008, 02:56 AM) Th...   Feb 14 2008, 11:12 AM
- - Arianhrod   QUOTEwhy do you care that JKR is rich? Just becaus...   Feb 14 2008, 11:38 AM
|- - futureweasley   QUOTE(Arianhrod @ Feb 14 2008, 11:38 AM) ...   Feb 14 2008, 11:45 AM
|- - davidenglish   QUOTE(Arianhrod @ Feb 14 2008, 05:38 PM) ...   Feb 14 2008, 11:55 AM
- - wondering   But this is about the legal, not personal, aspects...   Feb 14 2008, 12:07 PM
- - DorisTLC   Hi Everyone, First, I've changed the name of...   Feb 14 2008, 12:08 PM
- - Arianhrod   QUOTEAsking why you care about JKR's personal ...   Feb 14 2008, 01:01 PM
- - Arianhrod   QUOTEYes, quitting your job without an alternative...   Feb 14 2008, 01:02 PM
- - Essence_of_Insanity   Can we please just stop all the personal attacks d...   Feb 14 2008, 01:12 PM
- - Hinoema   This would be a good time for me to thank whoever ...   Feb 14 2008, 01:19 PM
- - gypsyweasley   I second Hinoema's post....I'd never heard...   Feb 14 2008, 01:37 PM
- - dresdenfiles.fan   I've read quite a few of rulings cited, but di...   Feb 14 2008, 01:54 PM
|- - gypsyweasley   QUOTE(dresdenfiles.fan @ Feb 14 2008, 06...   Feb 14 2008, 05:59 PM
|- - Vicky-the-house-elf   QUOTE(gypsyweasley @ Feb 14 2008, 04:59 P...   Feb 14 2008, 06:34 PM
- - davidenglish   Well, although Jo has joked that her encyclopedia ...   Feb 14 2008, 02:23 PM
|- - Ilzairspar   QUOTE(Vicky-the-house-elf @ Fe...   Feb 14 2008, 05:11 PM
|- - Vicky-the-house-elf   QUOTE(Ilzairspar @ Feb 14 2008, 04:11 PM)...   Feb 14 2008, 05:27 PM
- - CommonLoon   QUOTE(Arianhrod)I didn't raise the issue of mo...   Feb 14 2008, 05:39 PM
- - dresdenfiles.fan   QUOTE(gypsyweasley)Basically, what could happen (a...   Feb 14 2008, 08:13 PM
- - rotfang07   By the sound of things this case will run and run....   Feb 14 2008, 08:33 PM
- - Maime the Hunter   QUOTEAnd the charity argument is lame, too. If she...   Feb 14 2008, 08:38 PM
- - davidenglish   Jo is following in the great tradition of children...   Feb 14 2008, 09:03 PM
- - Eir de Scania   QUOTEI'll bet a hundred galleons that any ency...   Feb 14 2008, 09:49 PM
- - theredwitch   You know, if there is a market for this type of a ...   Feb 14 2008, 09:55 PM
- - davidenglish   Did I miss something or was there no mention of th...   Feb 14 2008, 09:55 PM
|- - dresdenfiles.fan   QUOTE(davidenglish @ Feb 14 2008, 08:55 P...   Feb 14 2008, 10:24 PM
|- - roonwit   QUOTE(dresdenfiles.fan @ Feb 15 2008, 03...   Feb 15 2008, 03:42 AM
- - davidenglish   Thanks, dresdenfiles.fan. I reread Melanie Bradley...   Feb 15 2008, 08:26 AM
|- - dresdenfiles.fan   QUOTE(davidenglish @ Feb 15 2008, 07:26 A...   Feb 15 2008, 09:17 AM
- - davidenglish   Well, I've been trying to make sense of Google...   Feb 15 2008, 11:52 AM
- - CapriciousC   QUOTE(davidenglish @ Feb 14 2008, 08:33 A...   Feb 15 2008, 01:01 PM
|- - davidenglish   QUOTE(CapriciousC @ Feb 15 2008, 07:01 PM...   Feb 15 2008, 02:48 PM
|- - Vicky-the-house-elf   QUOTE(CapriciousC @ Feb 15 2008, 12:01 PM...   Feb 15 2008, 02:51 PM
- - Hinoema   David- check this out. This guy has pretty much th...   Feb 15 2008, 01:26 PM
- - CapriciousC   QUOTE(davidenglish @ Feb 15 2008, 11:48 A...   Feb 15 2008, 03:23 PM
- - davidenglish   Okay, so I had lunch today with a friend who is an...   Feb 15 2008, 07:37 PM
|- - gypsyweasley   QUOTE(davidenglish @ Feb 16 2008, 12:37 A...   Feb 15 2008, 10:19 PM
- - NickTLC   Hi guys! Just a friendly reminder to keep thi...   Feb 15 2008, 07:51 PM
- - davidenglish   Don't the British betting shops give odds on s...   Feb 15 2008, 09:35 PM
- - rotfang07   I agree with CapriciousC, Post 56, that the Lexico...   Feb 15 2008, 09:38 PM
- - jmk132   Hello everyone. I've never actually posted on...   Feb 15 2008, 10:17 PM
- - davidenglish   Wow, great post, jmk132. And thanks. On the q...   Feb 15 2008, 11:18 PM
|- - MaraudingDon   QUOTE(davidenglish @ Feb 16 2008, 05:18 A...   Feb 15 2008, 11:38 PM
- - davidenglish   Well, MaraudingDon, you can check out that first H...   Feb 15 2008, 11:56 PM
- - cbm   jmk132, Thanks for the informative post. So is...   Feb 16 2008, 12:51 AM
- - luna'sceiling   QUOTE(MaraudingDon @ Feb 15 2008, 11:38 P...   Feb 16 2008, 01:10 AM
|- - dresdenfiles.fan   QUOTE(luna'sceiling @ Feb 16 2008, 12...   Feb 16 2008, 04:17 AM
|- - luna'sceiling   QUOTE(dresdenfiles.fan @ Feb 16 2008, 04...   Feb 16 2008, 09:06 AM
|- - dresdenfiles.fan   QUOTE(luna'sceiling @ Feb 16 2008, 08...   Feb 16 2008, 09:37 AM
- - Eir de Scania   QUOTEA book like Steve's would provide a great...   Feb 16 2008, 01:48 AM
- - PiaSharn   jmk132, I would also like to add my thanks for you...   Feb 16 2008, 02:09 AM
- - luna'sceiling   QUOTE(Eir de Scania @ Feb 16 2008, 01:48 ...   Feb 16 2008, 02:13 AM
- - Hinoema   Welcome, jmk132! Excellent post! QUOTE(cb...   Feb 16 2008, 02:25 AM
- - rotfang07   I just wanted to thank jmk 132 Post 65 for sheddin...   Feb 16 2008, 05:09 AM
- - linden swallow   Rotfang07 - what a depressing picture, to think of...   Feb 16 2008, 05:45 AM
- - Eir de Scania   QUOTEAs for being obsolete with Jo's books pub...   Feb 16 2008, 06:22 AM
- - dresdenfiles.fan   I just received an email from a friend and fellow ...   Feb 16 2008, 08:58 AM
- - Eir de Scania   QUOTEDon't think for a moment that sites such ...   Feb 16 2008, 10:33 AM
- - jmk132   On damages: cbm: QUOTESo is the following sequenc...   Feb 16 2008, 10:44 AM
- - luna'sceiling   Eir de ScaniaI appreciate your point and the thoug...   Feb 16 2008, 11:33 AM
- - dresdenfiles.fan   luna'sceiling that study can be found here: ...   Feb 16 2008, 11:41 AM
|- - luna'sceiling   QUOTE(dresdenfiles.fan @ Feb 16 2008, 11...   Feb 16 2008, 02:37 PM
- - davidenglish   Well, I know that SVA is not the face of Harry Pot...   Feb 16 2008, 11:47 AM
- - Hinoema   Does anyone have a link to that publishing contrac...   Feb 16 2008, 01:33 PM
- - davidenglish   Hi, hinoema. The Contract is here. It's not a ...   Feb 16 2008, 01:39 PM
- - Hinoema   Thank you! *reads* This is interesting. The ...   Feb 16 2008, 02:48 PM
- - jmk132   luna'sceiling: I agree with your assessment of...   Feb 16 2008, 04:12 PM
- - davidenglish   Warner Bros is an assignee; it owns the film right...   Feb 16 2008, 04:31 PM
- - rotfang07   Thank you jmk132 Posts 86 and 94 once again for sh...   Feb 16 2008, 05:04 PM
|- - coweatyou   QUOTE(rotfang07 @ Feb 16 2008, 02:04 PM) ...   Feb 16 2008, 05:29 PM
- - davidenglish   Well, I don't have much respect for the egghea...   Feb 16 2008, 05:54 PM
|- - coweatyou   QUOTE(davidenglish @ Feb 16 2008, 02:54 P...   Feb 16 2008, 07:10 PM
- - Eir de Scania   QUOTEthis whole discussion is very much moot becau...   Feb 16 2008, 06:15 PM
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