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Sarah-Jarboe-Portrait-2016

Sarah Jarboe

On August 21, 2019, a new rule from the Environmental Protection Agency went into effect in Kentucky that could change the way certain healthcare facilities are required to manage pharmaceutical hazardous waste.  The rule is intended to streamline the collection and handling requirements of pharmaceutical hazardous waste and reduce the complexity of hazardous waste regulations that must be followed by healthcare facilities.

What are some of the new requirements?

By Leah Morrison

Leah Morrison

 Leah Morrison

English, Lucas, Priest & Owsley, LLP

2018 Kentucky legislation expanded the types of services subject to sales and use tax, established economic nexus thresholds for remote retailers, and amended certain excise taxes. In other words, 2018 brought new headaches to Kentucky businesses statewide. But one group in particular was more burdened than the rest: nonprofit organizations. New legislation forced nonprofits to pay sales tax on all the extended services, if applicable, plus, most notably, on sales of admission. This cut deeply into a nonprofit’s ability to raise funds at fundraising events.

Nonprofits had to employ some creative techniques to separate sponsorships and donations from the costs associated with being allowed entry into their fundraising events. Additionally, sales tax had to be collected and paid on certain items auctioned during these events. If the auction item in question was a physical object, tax had to be paid on it – and at the auctioned price, not the actual, retail value of the item. But auction items such as lawn care services or vacations were exempt from sales tax collection. These are only a few examples of the nightmare nonprofits were forced to navigate. Compliance with sale tax laws drained their resources and significantly impacted the ability of nonprofits statewide to provide their charitable purposes in draining the resources they had available to them.

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By Brett Reynolds, Partner
English, Lucas, Priest and Owsley, LLP

Brett Reynolds

Brett Reynolds

Everyone has gotten scam calls and emails. The scammers are getting smarter and more sophisticated, and they’re now targeting law firms and other businesses with well-planned attempts to get money.
The scams have enough legitimacy that they sound like they could be real business transactions. In fact, our own firm was hit with an attempt a few weeks ago that we wanted to tell you about so you can see how these type of scams work, and how you can avoid getting taken.
I was contacted by a local real estate developer who owned several apartment complexes. A buyer in China wanted to buy the properties, and he needed someone to hold earnest money in escrow and assist with any legal details that might arise before he could come to the United States. I agreed to do so. This is fairly standard and something we’ve done in countless deals for clients previously. It didn’t raise any alarms for us that the buyer was overseas. This is quite common. Bowling Green is a fairly diverse city with lots of foreign nationals living and working in our community, and we’re better for it.

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By Aaron Smith, Partner

English, Lucas, Priest and Owsley

The U.S. Supreme Court issued a unanimous ruling this week that municipalities need to carefully consider in their hiring and firing practices.

By Nathan Vinson, Partner

English, Lucas, Priest and Owsley, LLP

balance-business-calculator-163032-300x205Recently, a colleague asked me what I thought was a simple question about the required minimum distributions that those over 70 ½ must take each year from their retirement accounts. In the course of doing the research to answer that question, I discovered it’s not easy to determine exactly how required minimum distributions must be taken.

By Nathan Vinson
English, Lucas, Priest & Owsley, LLP

If you want to save up for your child’s future college education, 529 plans have long been a great option. Lovingly named for the section of the IRS tax code where these reside, 529 plans allow families to save for college with some tax advantages. The plans are sponsored by states, state agencies, or educational institutions, and can be either a prepaid tuition plan or an education savings plan, depending on what the sponsor offers.

Western Kentucky University campus

A prepaid tuition plan allows you to pay today’s rates for future college education. This can be a tremendous savings if you’re 100 percent certain your kid is absolutely going to a specific college (or going to college at all). These are typically state-owned colleges and universities, and you can only pre-pay tuition, not room and board. Kentucky’s prepaid tuition plan is closed, and will be reassessed annually, the plan says on its web site; Kentucky Education Savings Plan Trust does still offer a 529 plan that allows for college savings, and you can find more on that here.

An education savings plan is simply a vehicle for saving up for future college costs, and that includes room and board. These funds can also be used for private school tuition at elementary, middle and high schools, up to $10,000 per beneficiary. That $10,000 cap, though, doesn’t apply to college – just to K-12 education.

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By Aaron Smith, Partner
English, Lucas, Priest and Owsley, LLP

Just a few short weeks ago, attorneys Buzz English and J.A. Sowell from our firm took a case to trial because our client felt it was the best option, and we concurred.

In that case, we were defending a truck driver and the company he worked for against a lawsuit filed by a pedestrian he struck at night while driving. Our observation from that case is that sometimes it is best to go to trial — and we had that lesson reinforced for us and our clients again this week in Simpson Circuit Court.

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By Buzz English, Partner
English, Lucas, Priest and Owsley, LLP

Buzz English

Buzz English

In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right.

In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial.

The Plaintiff

Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her.  Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months.  Prior to trial, she claimed Magazzeni ran a red light and hit her.  At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her.

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By Nathan Vinson, Partner

English, Lucas, Priest and Owsley, LLP

If you aren’t paying Kentucky sales tax on items you buy online, you will be soon – and you have the great state of South Dakota to thank for it.

By Nathan Vinson, Partner

English, Lucas, Priest and Owsley LLP

Tax law changes in 2018 were huge at both the state and national level. For this blog post, we’re parsing through the changes to the law that require sales tax to be collected on some services and “luxuries,” which was not required in the past.