Home Law Questions Accounting

Recent Answers to Accounting Law Questions

Can I send a Cease and Desist Letter to someone who is spreading false information about me online?

5.0 (18)

Accounting

Cease and Desist

Washington

I have recently become aware that an individual has been spreading false and defamatory information about me on various social media platforms, which is harming my personal and professional reputation. I want to know if it is legally permissible for me to send a Cease and Desist Letter to this person in order to demand that they stop making these false statements and remove any existing content, and what actions I can take if they do not comply with the letter.

Merry K.

Answered Aug 8, 2025

I'm so sorry this is happening. Certainly - write a polite and professional letter, and tell the person firmly that you expect this behavior to stop immediately, and that he or she remove all such posts to date. Send the letter certified/return receipt requested mail, or some other way that will ensure you will receive a signed receipt of the letter. While I never advocate threatening a person, give them a deadline (such as 5:00 pm on August 31, 2025) and let them know that if they don't stop and don't clean up their posts by then, you will be forced to take legal action. Again, remain polite and professional in your letter - pretend that a judge is reading the letter over your shoulder. Also, have a friend or family member read it before you send it - it's good to have another pair of eyes. Keep a copy of the letter, of course, and photograph the envelope(s) before you mail it(them). If this doesn't get the desired result(s), you have attempt to get a restraining order against the person in the superior court of your county. One can generally find instructions and information online on your county court's website, or on the website of the WA Supreme Court. Another excellent source is: https://www.womenslaw.org/laws/wa/restraining-orders Please aware that this information is provided for educational purposes only, and no attorney/client relationship has been formed. Moreover, I am not interested in taking this on as a project, but another attorney on Contracts Counsel may be interested.

Can you explain the requirements and implications of filing Form 1120-S for a small business?

View Dolan W.
5.0 (317)

Accounting

Form 1120-S

California

I am a small business owner and I have recently formed an S corporation for my business. I understand that as an S corporation, I am required to file Form 1120-S with the IRS. However, I am unclear about the specific requirements and implications of this form. I would like to know what information needs to be reported on Form 1120-S, what the deadlines for filing are, and any potential consequences or benefits associated with filing this form. Additionally, I would appreciate any guidance on how to properly complete and submit Form 1120-S to ensure compliance with IRS regulations.

Dolan W.

Answered Dec 3, 2024

Hello! My name is Dolan and thanks for posting this question. Let me break this down in parts for you: 1. Filing Form 1120-S for your S corporation is an essential part of staying in compliance with IRS regulations. This form is specifically designed for S corporations to report their income, deductions, and other financial details to the IRS. 2. When it comes to what you need to report, Form 1120-S will ask for details like the company's income, expenses, cost of goods sold, deductions, and credits. You'll also report the allocation of profits and losses to each shareholder based on their ownership percentage, which goes on a Schedule K-1. Each shareholder then uses the Schedule K-1 to report their share of the company's income or loss on their individual tax returns. 3. The deadline for filing Form 1120-S is usually March 15th of the year following the tax year you're reporting. 4. The benefits of filing Form 1120-S are clear when it comes to avoiding double taxation. With an S corp, you only pay taxes on the personal level, which can save you a lot compared to a C corporation, where income is taxed at both the corporate and personal levels. It also provides a clear record of the business's income and deductions, which can help you if you’re ever audited. 5. As for completing the form, make sure your books are in order, and gather all the financial details for the year. You’ll need things like income statements, expense records, and information about each shareholder's ownership percentage. If you have a bookkeeper, great. If not, go to a company like Wave Accounting. 6. The key to getting this right is accuracy. The IRS takes mistakes on Form 1120-S seriously, so double-check everything before submitting it. If you’re unsure about anything, getting professional advice upfront can save you a lot of trouble later. It sounds like a lot, but once you get the hang of it, filing Form 1120-S can be pretty straightforward. Thanks so much!

When to send a demand letter?

3.0 (2)

Accounting

Demand Letter

New York

I am writing to ask a question about when to send a demand letter. I am in the process of trying to collect a debt from a customer who has yet to pay an invoice that is long overdue. I have already tried to contact the customer multiple times, but they have not responded. I am seeking legal advice on when and how to send a demand letter in order to collect the debt.

Jennifer P.

Answered Sep 22, 2023

You should definitely send one as soon as it is reasonable to conclude that the debtor is most likely avoiding payment, and the situation will not change. The debtor, acting in good faith, should have been willing to discuss payment arrangements with you as opposed to not responding. Their unwillingness to cooperate is just cause for stepping up your collection efforts. Good luck!

SAFE Note accounting treatment?

View Thomas L.
5.0 (1)

Accounting

SAFE Note

Connecticut

I am an entrepreneur looking to raise capital from investors using a SAFE Note. I need to understand the accounting treatment of the SAFE Note so I can accurately record it in my financial statements. Additionally, I need to understand the implications of the accounting treatment of the SAFE Note for my investors.

Thomas L.

Answered Aug 4, 2023

A SAFE is a stock warrant. Thus it should be accounted for as such, meaning equity. "The two main rules to account for stock warrants are that the issuer must recognize the fair value of the equity instruments issued or the fair value of the consideration received, whichever can be more reliably measured; and recognize the asset or expense related to the provided goods or services at the same time. The following additional conditions apply to more specific circumstances: Option expiration. If the grantor recognizes an asset or expense based on its issuance of warrants to a grantee, and the grantee does not exercise the warrants, do not reverse the asset or expense. Equity recipient. If a business is the recipient of warrants in exchange for goods or services, it should recognize revenue in the normal manner. The grantor usually recognizes warrants as of a measurement date. The measurement date is the earlier of the date when the grantee’s performance is complete; or the date when the grantee’s commitment to complete is probable, given the presence of large disincentives related to nonperformance. Note that forfeiture of the warrant instrument is not considered a sufficient disincentive to trigger this clause. If the grantor issues a fully vested, nonforfeitable warrant that can be exercised early if a performance target is reached, the grantor measures the fair value of the instrument at the date of grant. If early exercise is granted, measure and record the incremental change in fair value as of the date of revision to the terms of the instrument. Also, recognize the cost of the transaction in the same period as if the company had paid cash, instead of using the equity instrument as payment. The grantee must also record payments made to it with equity instruments. The grantee should recognize the fair value of the equity instruments paid using the same rules applied to the grantor. If there is a performance condition, the grantee may have to alter the amount of revenue recognized, once the condition has been settled."

Why do attorneys keep turning me down for my case?

View Talin H.
5.0 (1)

Accounting

501c3 Application

Illinois

I keep looking for an attorney for my discrimination case. This is what I tell them: "I'm a black woman working for a governmental agency who is being treated different than my white and/or male co-workers. I'm paid the same salary for my category, but, my treatment is worse.They are changes rules based on race, also.". The attorneys turn me down or tell me it's not discrimination.

Talin H.

Answered Feb 7, 2023

I'm sorry that's happening to you and I can imagine that that's frustrating. There are unfortunately a lot of instances in which we legitimately experience discrimination, but it wouldn't meet the high bar of the LEGAL definition in court. I suggest seeking out a black, or better yet, black female attorney who might be more empathetic to your lived experience.

Find lawyers and attorneys by city