OlgaH on FirstDream's Franchise Tax

[khelkhov]

I'm throwing tomatoes at Jack and his show by adding him to my ignore list!   :yech:

I am not interested in wasting my time watching the show.  There is so much better things to do with my time than watching это идиот! 

 

[Admin]

Locking this topic till further notice. This topic, and several others involving members with Commercial interests, are being reviewed by RWD Staff.

- Dan

[Admin]

Olga,

Your point about Jack and his franchise tax situation is now posted here - in this one subforum. Jack's response is also here for all to see.

Leave this HERE and do NOT continue to post about this in other topics. As it is, I have consolidated two separate topics in which you raised this issue from the open forum. Posting it once would represent you wanting to make others aware. Posting it repeatedly, as you have now done, rises to the level of an ad hominem attack, and should it persist, Jack should be allowed to respond in kind - something that does not benefit RWD and should stop here.

- Dan

[OlgaH]

Olga,

Your point about Jack and his franchise tax situation is now posted here - in this one subforum.

Dan, that is absolutely fine with me 

Posting it once would represent you wanting to make others aware.

- Dan

I think any client who uses services of a particular company should be aware about the company's legal status. Marriage agencies are also profitable companies who must comply with the State regulations, more over they work with a client privet information.  I would advise any person before dealing with a company to check  its legitimacy, and it is not so difficult in US as every state has its division of corporations with public companies' profiles for the same purpose as the State of Texas has.

[Vinnvinny]

Olga, it may help you to know.

As an English guy who has been on a couple of tours with Jack then I have no interest if there are some tax returns/payment in Texas outstanding and I feel sure that the majority of his former, existing and potential clients would feel in a similar way. I would go further and say that if he had never paid a bean in tax since he was an adult or he had overpaid by $1m, then I would still feel the same. It’s about irrelevant to me as the price of a train ticket in North Korea … i.e. … zero.

Wot next? Eduard stole a bar of candy when he was 8 or Stirlitz forgot to go to church one Sunday in 1983?

[OlgaH]

Olga, it may help you to know...

Vinnvinny, your opinion is a personal and of course subjective. The subjective opinions doesn't play a great role for me (more over about MOB agencies) as regarding business I would prefer to deal only with legitimate companies.

I would go further and say that if he had never paid a bean in tax since he was an adult...  It’s about irrelevant to me as the price of a train ticket in North Korea … i.e. … zero.

Actually the US Law regarding taxes is enough serous and "any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition  to other penalties provided by law, be guilty of a felony... ", and for example during the lawsuit procedures the "tax payment subject" is very relevant and plays an important role.  

[ECOCKS]

Olga, it may help you to know.

As an English guy who has been on a couple of tours with Jack then I have no interest if there are some tax returns/payment in Texas outstanding and I feel sure that the majority of his former, existing and potential clients would feel in a similar way. I would go further and say that if he had never paid a bean in tax since he was an adult or he had overpaid by $1m, then I would still feel the same. It’s about irrelevant to me as the price of a train ticket in North Korea … i.e. … zero.

Wot next? Eduard stole a bar of candy when he was 8 or Stirlitz forgot to go to church one Sunday in 1983?

Yes, people do this all the time.

And those same people are shocked when stories emerge like the one in the last week where cruise ship passengers were stranded because the company, Cruise-West, was forced into restructuring by creditors (1). Worse was THE 2008 incident on Madeira Island when legal troubles prevented the cruise ship, Van Gogh, from leaving harbor part-way through a round the world voyage (2). Several thousand were stranded all over Europe when Sky-Europe folded in mid-flight just last year (3). Tour groups, small and large, have gotten up in the morning and been dumbfounded to discover their tour operator went out of business during the night and left them helpless in foreign countries (4)(5)(6). One has to wonder about small tours of 10 to 25 who get left in the lurch and don't make the news. Those folks are local stories known only where it happens and among the families and friends of those affected.

(1) http://www.npr.org/templates/story/story.php?storyId=129800170

(2) http://edition.cnn.com/2008/WORLD/europe/04/03/portugal.ship/index.html
Travel companies are particularly prone to this and Olga's warnings, in principle at least, are well-founded.

(3) http://www.jaunted.com/story/2009/9/1/954/41263/travel/SkyEurope+LCC+Folds,+Strands+Thousands+of+Passengers+Around+Europe

(4) http://www.earthtimes.org/articles/news/334681,strands-thousands-tourists-turkey.html

(5) http://newsodrome.com/recreation_news/tour-operator-goldtrail-goes-bankrupt-strands-16-000-18899465

(6) http://www.canada.com/calgaryherald/news/story.html?id=841e9cb8-ed0e-4798-a2da-808c39d80c52

[Admin]

Actually the US Law regarding taxes is enough serous and "any person who willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition  to other penalties provided by law, be guilty of a felony... ", and for example during the lawsuit procedures the "tax payment subject" is very relevant and plays an important role.  

Olga,

Jack has explained the circumstances about this "franchise tax." Are you claiming that this represents a "felony"?

If you *are* making that assertion - are you trained in US and Texas tax law? For that matter, are you aware of the various torts for defamation that might prove injurious to another's business?

You might want to be very circumspect as to the claims you make - unless, of course, you are confident of your legal position on these matters.

FWIW

- Dan

[OlgaH]

Are you claiming that this represents a "felony"?

Dan, I was quoting the law in general as an answer on tax avoidance in general    

Texas Comptroller also has information on Penalties for Failure to File a Franchise Tax Report.

PENALTIES AND INTEREST
A penalty of five percent of the tax due shall be imposed on an entity that fails to pay the tax or file a report when due. If the entity fails to file the report or pay the tax within 30 days after the due date, an additional five percent penalty shall be imposed.
Delinquent taxes accrue interest beginning 60 days after the date the tax is due. The interest rate to be charged is the prime rate plus one percent, as published in The Wall Street Journal on the first day of each calendar year that is not a Saturday, Sunday, or legal holiday.
FORFEITURE
If an entity does not file its franchise tax report and required information reports and/or does not pay tax, penalty or interest due within 45 days of the due date, its powers, rights, and its right to transact business may be forfeited. Entities that fail to file or pay within 120 days of the forfeiture of the right to transact business are subject to having their registration (charter, certificate of authority, etc.) forfeited.
Upon the forfeiture of the right to transact business, the officers and directors of the entity become personally liable for each debt of the entity that is created or incurred in this state after the due date of the report and/or tax and before the privileges are restored. Texas Tax Code Section 171.255.

In gneneral.

Texas Tax Code.

TAX CODE
TITLE 2. STATE TAXATION
SUBTITLE E. SALES, EXCISE, AND USE TAXES
CHAPTER 151. LIMITED SALES, EXCISE, AND USE TAX

Sec. 151.7032.  FAILURE TO PAY TAXES COLLECTED; CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally or knowingly fails to pay to the comptroller, as required by this chapter, the tax collected by that person.

(b)  An offense under this section is:

(1)  a Class C misdemeanor if the amount of the tax collected and not paid is less than $10,000;

(2)  a state jail felony if the amount of the tax collected and not paid is $10,000 or more but less than $20,000;

(3)  a felony of the third degree if the amount of the tax collected and not paid is $20,000 or more but less than $100,000; and

(4)  a felony of the second degree if the amount of the tax collected and not paid is $100,000 or more.
http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.151.htm

TAX CODE
TITLE 2. STATE TAXATION
SUBTITLE F. FRANCHISE TAX
CHAPTER 171. FRANCHISE TAX

Sec. 171.363.  WILFUL AND FRAUDULENT ACTS.  (a)  A taxable entity commits an offense if the taxable entity is subject to the provisions of this chapter and the taxable entity wilfully:

(1)  fails to file a report;

(2)  fails to keep books and records as required by this chapter;

(3)  files a fraudulent report;

(4)  violates any rule of the comptroller for the administration and enforcement of the provisions of this chapter; or

(5)  attempts in any other manner to evade or defeat any tax imposed by this chapter or the payment of the tax.

(b)  A person commits an offense if the person is an accountant or an agent for or an officer or employee of a taxable entity and the person knowingly enters or provides false information on any report, return, or other document filed by the taxable entity under this chapter.

(c)  A person who commits an offense under this section may also, in addition to the punishment provided by this section, be liable for a penalty under this chapter.

(d)  An offense under this section is a felony of the third degree.

(e)  A person whose commercial domicile or whose residence is in this state may be prosecuted under this section only in the county in which the person's commercial domicile or residence is located unless the person asserts a right to be prosecuted in another county.

(f)  A prosecution for a violation of this section must be commenced before the fifth anniversary of the date of the violation.
http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.171.htm

[Admin]

Dan, I was quoting the law in general as an answer on tax avoidance in general   

IINM you were referring to federal taxes - correct?

If so, it was not relevant to the tax issue you first posted about - AND - it has the potential to be litigious if someone feels they incur any 'damages' as a consequence of your post.

As I wrote earlier, I counsel everyone to be quite circumspect as to their allegations. RWD has no wish to be a party of any sort in litigation.

- Dan

[OlgaH]

RWD has no wish to be a party of any sort in litigation.

- Dan

Litigation? What litigation? Against Texas Comptroller that publishes a certificate of status account that says "This entity is not in good standing as it has not satisfied all franchise tax requirements"?     

[ECOCKS]

IINM you were referring to federal taxes - correct?

If so, it was not relevant to the tax issue you first posted about - AND - it has the potential to be litigious if someone feels they incur any 'damages' as a consequence of your post.

As I wrote earlier, I counsel everyone to be quite circumspect as to their allegations. RWD has no wish to be a party of any sort in litigation.

- Dan

Texas Tax Code, not Feds.

Most of this sounds like some payments have been missed to square up his charter (or whatever Texas may have named this process) for the current period and he's showing as not in good standing. It would have an effect on any litigation and perhaps liability more than likely.

In fairness, it seems that a commercial member would indeed be technically out on the ToS if I read that section correctly.

[Admin]

Litigation? What litigation? Against Texas Comptroller that publishes a certificate of status account that says "This entity is not in good standing as it has not satisfied all franchise tax requirements"?     

Olga,

You started by posting information pertaining to a delinquent franchise tax for FirstDream. You then went on to post something to suggest the tax delinquency was a "felony." At that point you were either; (a) intending that others would conclude FirstDream is guilty of a felony for this reported delinquency, or (b) so badly misinformed that you did not understand there was no connection between the "felony" you wrote of, and the infraction you found for FirstDream. Which was it?

- Dan

[Admin]

Texas Tax Code, not Feds.

Most of this sounds like some payments have been missed to square up his charter (or whatever Texas may have named this process) for the current period and he's showing as not in good standing. It would have an effect on any litigation and perhaps liability more than likely.

In fairness, it seems that a commercial member would indeed be technically out on the ToS if I read that section correctly.

Which section of the TOS are you looking at? Be sure to not confuse it with the ACoE.

- Dan

[Vinnvinny]

Vinnvinny, your opinion is a personal and of course subjective.

True, but so is yours. And, as you are a married female and I am a WM looking for a wife, then I would suggest my opinion counts for more regarding the irrelevance of what you are attempting to bring to the FSU wife hunters of the World. 

Good look in checking if the next taxi driver you hail is up to date with his fiscal affairs and the next plumber you call has made his returns on time. Personally I would like to do the same, but I have a life.

[OlgaH]

Olga,

You started by posting information pertaining to a delinquent franchise tax for FirstDream. You then went on to post something to suggest the tax delinquency was a "felony." At that point you were either; (a) intending that others would conclude FirstDream is guilty of a felony for this reported delinquency, or (b) so badly misinformed that you did not understand there was no connection between the "felony" you wrote of, and the infraction you found for FirstDream. Which was it?

- Dan

Как все запущенно! (sorry, it is just a Russian phrase "everything is in so desolate condition")

First of all I posted just an observation that the "First Dream, Inc" is not in good standing according to the Texas Comptroller. Second, Vinnvinny did not mentioned Texas franchise tax when he wrote "if he had never paid a bean in tax since he was an adult..." so, I took it as general and answered in general quoting U.S. Code    Sorry for such misunderstanding    

[ECOCKS]

Pardon, yes the ACoE section referring to standing that Olga cited earlier. It would seem that the State of Texas does, in fact, not consider Jack to be "in good standing", so I understand her points with regard to both consumer protection and the ACoE of RWD.

She pointed it out, people can reference it and take note or NOT.

Perhaps the ACoE is misunderstood with regard to commercial members for adherence (or lack thereof)?

[OlgaH]

Good look in checking if the next taxi driver you hail is up to date with his fiscal affairs and the next plumber you call has made his returns on time. Personally I would like to do the same, but I have a life.

About taxi drivers you exaggerate   , (though it is better to know about a taxi company)  All plumbing in our house is done by a legitimate company. Some plumbing work requires a permit.  BTW to change windows in your own house in Florida you also need a permit  

If you want to compare a marriage agency's owner with a taxi driver or a plumber it is of course up to you. Any plumber or truck driver today can become a marriage agency's owner and/or counselor  

[Admin]

Pardon, yes the ACoE section referring to standing that Olga cited earlier. It would seem that the State of Texas does, in fact, not consider Jack to be "in good standing", so I understand her points with regard to both consumer protection and the ACoE of RWD.

She pointed it out, people can reference it and take note or NOT.

Perhaps the ACoE is misunderstood with regard to commercial members for adherence (or lack thereof)?

Re: Franchise fee delinquency. I agree - it is up to each person to determine if that has any relevancy whatsoever. Olga posted what she found, and Jack posted his perspective. It is now up to each person to draw their own conclusion.

Re: ACoE. The Agency Code of Ethics is, indeed, designed to commemorate those behaviors we feel are important for an agency. The ACoE was designed as a tool for men and women to utilize in determining which agency they wish to conduct business with. It is NOT an entrance requirement for participation at RWD - though it *is* intended to be a 'standard' of performance to be included amongst the agencies displaying the Certified Marriage Agency seal (as seen at www.CertifiedMarriageAgencies.org).

- Dan

[Vinnvinny]

First of all I posted just an observation that the "First Dream, Inc" is not in good standing according to the Texas Comptroller. Second, Vinnvinny did not mentioned Texas franchise tax when he wrote "if he had never paid a bean in tax since he was an adult..." so, I took it as general and answered in general quoting U.S. Code    Sorry for such misunderstanding     

I'm getting ya now Olga. Jeesh, I now deeply regret not insisting Jack gave me written assurances with regards his franchise tax (whatever that is) prior to entering his parties in Lugansk and Dnepro where I met some very nice ladies, especially one in particular. I will despatch an email to her immediately after this post claiming my innocence.

Should I mention I was late paying my gas bill a couple of years ago and I once wore the same underpants 2 days running?

About taxi drivers you exaggerate 

I’ve been accused of that several million times. It just isn’t true!

All plumbing in our house is done by a legitimate company. Some plumbing work requires a permit.  BTW to change windows in your own house in Florida you also need a permit 

A mate of mine does my plumbing. He’s not very good bit he doesn’t charge much.

Do you need a permit to post on forums?

If you want to compare a marriage agency's owner with a taxi driver or a plumber it is of course up to you. Any plumber or truck driver today can become a marriage agency's owner and/or counselor   

No, I don’t want to thanks. 

[OlgaH]

A mate of mine does my plumbing. He’s not very good bit he doesn’t charge much.

In Florida when you are ready to sell your house you can face the problems without documents on the work that requires permits.

Do you need a permit to post on forums?

I think a member should be registered first 

No, I don’t want to thanks. 

You already did it, of course in my subjective opinion and I don't deny it 

[kievstar]

I reside in Texas currently and what Jack does it no different than many companies here.  Texas is not a big state on taxes so there not strict at all when you do not pay.  Probably will change as more and more Mexicans have come to Texas the state now has a $18 billion budget shortfall.  60% of all births in Houston are to non USA citizens which the State of Texas gets to pay. 

[OlgaH]

I reside in Texas currently and what Jack does it no different than many companies here.

and what does Jack do exactly like many companies do in Texas?

[facetrock]

  Is this about the franchise fee tax...If it is and I was Jack I wouldnt pay it until the state of Texas spent at least as much trying to collect it. Just another reason to sh!tkick the current politicians into the unemployment line.

[kievstar]

Olgah, we do not pay all our taxes and wait for them to collect.