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PDF Editor FAQ

Why has Donald Trump declared himself a Florida resident?

Hey Kirstie!Great question by the way! And you know I have an interesting answer for you!Now White House officials did not provide a comment on why he's doing it. But there are several advantages to it, primarily that Florida has no state income tax. Since he signed the 2017 tax bill into law, POTUS now joins the ranks of people leaving NY. Political reasons are also in play.But let me give you a little history of the Trump clan and how the bone spurs prone illegal Trumps were welcomed with open arms in America despite they couldn’t be legally here and were draft dodgers! Yes, that’s right already way back then in 1885…On October 7, 1885, Friedrich Trump, a 16-year-old German barber, bought a one-way ticket for America, escaping three years of compulsory German military service. He had been a sickly child, unsuited to hard labor, and feared the effects of the draft. It might have been illegal, but America didn’t care about this law-breaking—at that time, Germans were seen as highly desirable migrants—and Trump was welcomed with open arms. Less than two weeks later, he arrived in New York, where he would eventually make a small fortune.***He married a woman from his German hometown, Kallstadt, where his parents had owned vineyards, and attempted to return home with his fortune. But when his draft dodging came to the fore, the couple lost their Bavarian citizenship and were obliged to return to America for good.(www.history.com/...)That the very son of the first draft evading illegal Trump would one day wear the white robes himself (www.vice.com/...) is ironic and something that in a normal family capable of embarrassment would be disturbing and even humbling.Yes, Fred Trump was a berobed marcher.Who’d a thought that one day the son of a white-sheeted knight of Queens would rise to the presidency and, for tax and political purposes, try to give the appearance of moving his racist ass to Palm Beach sort of for keeps. It’s time to peer deeply into his empty heart on this. GaltisalieNow the very son of that white-robe wearing Trump says he wants to bring his domicile and his most personal effects (diaries, black books, secret tanning products, dear old dad’s racist momentos, etc.) in a U-Haul to the Sunshine State (www.nytimes.com/...). This time, in addition to leaving his white-robe sympathizing ways behind and other acts of sincere contrition, he better be prepared to bring clear and convincing proof. Smart people with subpoena power will want to peer deep within his empty heart to discern the truth, which could be challenging to both the auditor and the audited.To prove a change of domicile, the asserting party must prove the change of domicile by clear and convincing evidence.17 As previously mentioned, proving domicile is a fact-intensive inquiry. New York’s Appellate Division has stated that “no single factor is controlling and the unique facts and circumstances of each case must be closely considered.”18 In Matter of Rudolph (Deceased) & Loretta Zapka, New York Department of Taxation Appeals, DTA No. 804111 (June 22, 1989), the taxpayers argued they changed their domicile from New York to Florida, but they had strong ties to both New York and Florida. New York’s Tax Appeals Tribunal stated that “[t]he mere fact that persuasive arguments can be made from the facts in support of both Florida and New York as petitioners’ domicile indicates that they have not clearly and convincingly evidenced an intent to change their New York domicile.”19 Accordingly, establishing strong ties in a new location may not be sufficient evidence of intent if strong ties are continued with the old domicile.***After changing domicile, New York may challenge the individual’s nonresident filing status for income tax purposes via an income tax audit. During an audit, three issues are examined, starting with the domicile of the individual. If it is determined that the individual is not domiciled in New York, the next issue is whether the individual is a New York statutory resident. If the individual is determined to be a New York statutory resident, the third issue is the allocation of income. The scope of the audit will be based on the facts involved.***In determining domicile, the guidelines require the auditor to examine two general categories: primary factors and other factors.34 There are five primary factors: the home; active business involvement; time; items “near and dear”; and family connections. If the auditor has not reached a supportable conclusion based upon the five primary factors, the auditor will examine “other” factors, including, but not limited to:35• Citation in legal documents, such as wills, that a jurisdiction is the place of domicile.• Address at which bills, financial statements and correspondence concerning other family business is primarily received.• Physical location of safe deposit boxes used for family records and valuables.• Location of auto, boat, and airplane registrations and driver’s or operator’s licenses.• Where the individual is registered to vote and whether he or she has exercised that right.• Possession of a New York City Parking Tax exemption.• Telephone services at each residence, including the nature of the listing, the type of service features and activity at the location.(www.floridabar.org/...)Let the auditing continue and delve even more deeply.Sources: Everyone linked in the text.

What is the right to privacy debate related to Aadhaar?

Is the Aadhar Act 2016 valid? or Is it violating the Right to privacy of the citizen?(source: DNA)The much-awaited Aadhar Verdict judgement will be declared today on the controversial issue “Is Aadhar valid?” and “Is it violating the fundamental right of the citizens?” Aadhar is Unique Identification Authority of India (UIDAI) of 12 digits for the Indian Citizens. Aadhar protects the proof of residence and not a proof of citizenship. It is the world’s largest Biometric ID. It came into action on the year 2016 under the Aadhar Act. Now it Aadhar has become mandatory for everything people need to link Aadhaar with their bank account, PAN cards, Driving license, Passports etc.According to the right to privacy law or the fundamental right and a part of Article 21 protects the privacy, liberty and rights of the Indian Citizens as a part of freedom guaranteed by Part-III of the constitutions. The Aadhar Act was challenged to be not safe and exploiting the right to privacy of the citizens under Article 21. An approximate of 27 petitions have challenged the Aadhar act 2016. The former high court judge K.S.Puttaswamy is one of the petitioners.The 4 months second long-running case came to an end. It is lead by 5 judge constitution bench. There will be 3 separate judgements related to Aadhar on 3 different issues. Whereas the bench is led by Chief Justice of India Dipak Misra who already gave a verdict on May 10 after a 38-day hearing. About the Aadhar linking for PAN cards, Welfare schemes and banks. The 5 judge constitution includes Justices Sikri, Chandrachud, Bhushan, CJI and Justice Khanwilkar.(Source: Wikimedia)The Supreme Court now updates that there is nothing in the Aadhar Act that violates the citizen's Privacy. Whereas some mandatory changes are being made which are as follows:Section 57 permits the state as well as any "body corporate or individual" or private element to request Aadhaar from residents with the end goal of ID. The mobile companies and privates service providers can ask for Aadhar for statutory support.Aadhar is not mandatory for mobile connections and opening bank accounts.There is no probability of getting a copy Aadhaar card.There is an adequate guard component for verification in Aadhaar conspire.Robust information security administration must be acquired place as ahead of schedule as could be expected under the circumstances,Supreme Court says Aadhaar confirmation information can't be put away for over a half year.Supreme Court says there is nothing in Aadhaar Act that abuses appropriate to the security of person.The Court maintains Section 139AA ordering linkage with PAN.The Supreme Court has said that Aadhaar can't be commended for the opening of ledgers.Aadhaar can't be required for versatile associations; DoT notice to that impact unlawfulUnder Section 7 for the idea of welfare plans focused at a specific denied network. CBSE, NEET and so on can't command Aadhaar.These are key updates that were made in the Supreme Court Aadhaar Verdict. To know more about the historical judgement you can know from here. This is my personal views and the understanding. I would love to invite all others to share their views.

How do a foreigner incorporate, form and register a business/company in Malaysia?

FOREIGN COMPANY REGISTRATION GUIDELINESA foreign company may carry on business in Malaysia by either:Incorporating a local company with the Companies Commission of Malaysia (SSM); orRegistering the foreign company in Malaysia with SSM.Foreign company is defined under the Companies Act 1965 (CA 65) as:(a) a company, corporation, society, association or other body incorporated outside Malaysia; or(b) an unincorporated society association, or other body which under the law of its place of origin may sue or be sued, or hold property in the name of the secretary or other officer of the body or association duly appointed for that purpose and which does not have its head office or principal place of business in Malaysia.A. REGISTRATION PROCEDURES1. Application of Name SearchA name search must be conducted to determine whether the proposed name of the company is available for registration. Refer to Government Gazette No. 716 dated 30 January 1997, Gazette (Amendment) dated 11 October 2001, Guidelines For Naming A Company and Guidelines For Application Of A Company Name. The steps involved are:(i) Completion and submission of Form 13A of the CA (Request for Availability of Name) to SSM.(ii) Payment of an RM30.00 fee for each name applied.The name to be used to register the foreign company should be the same as registered in its country of origin. Where the proposed company’s name is approved by SSM, it shall be reserved for three months from the date of approval.2. Lodgement of Registration DocumentsRegistration documents (as further explained in Part B below) must be submitted to SSM within 3 months from the data of approval of the company’s name by SSM, failing which a fresh application for a name search must be done (i.e. steps (i) and (ii) above shall have to be repeated).B. REGISTRATION DOCUMENTSThe following documents shall be submitted to SSM for registration:(i) A certified copy of the certificate of incorporation or registration of the foreign company.(ii) A certified copy of the foreign company’s charter, statute or Memorandum and Articles of Association or other instrument defining its constitution.(iii) Form 79 (Return by Foreign Company Giving Particulars of Directors and Changes of Particulars).*NOTE: If the list includes directors residing in Malaysia who are members of the local board of directors of the foreign company, a memorandum stating their powers must be executed by or on behalf on the foreign company and submitted to SSM.(iv) A memorandum of appointment or power of attorney authorising the person (s) residing in Malaysia, to accept on behalf of the foreign company any notices required to be served on such foreign company.(iv) Form 80 (Statutory Declaration by Agent of Foreign Company).(v) Additional documents consisting of:The original copy of Form 13A; andA copy of the letter from SSM approving the name of the foreign company.

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