JJ Luna

Questions & Comments

There are 7,116 questions at JJLuna.com.
#7858 07/30/10 Detergent uses GPS to follow you home with prizes
Jack I am a big fan of your work! Longtime reader of HTBI. I thought your readers would be interested in this aggressive marketing ploy currently being attempted in Brazil. Unilever's Omo detergent is putting a GPS device inside their product that will track you to your home. All part of a campaign to promote their brand I suppose. Below are some juicy excerpts from the article. I wonder what would happen if they tried this in the United States? Cheers!


. . . Starting next week, consumers who buy one of the GPS-implanted detergent boxes will be surprised at home, given a pocket video camera as a prize and invited to bring their families to enjoy a day of Unilever-sponsored outdoor fun. The promotion, called Try Something New With Omo, is in keeping with the brand's international "Dirt is Good" positioning that encourages parents to let their kids have a good time even if they get dirty.


. . . The GPS device is activated when a shopper removes the detergent carton from the supermarket shelf. Fifty Omo boxes implanted with GPS devices have been scattered around Brazil, and Mr. Figueiredo has teams in 35 Brazilian cities ready to leap into action when a box is activated. The nearest team can reach the shopper's home "within hours or days," and if they're really close by, "they may get to your house as soon as you do," he said. Once there, the teams have portable equipment that lets them go floor by floor in apartment buildings until they find the correct unit, he said.


. . . In a big web component, the site experimentealgonovo.com.br (Portuguese for "try something new") goes live in August, and will include a map showing roughly where the winners live, pictures of each winner and footage of the Bullet-Omo teams hunting down the GPS-enabled detergent boxes, knocking on doors and surprising consumers.
URL #1: http://adage.com/globalnews/article?article_id=145183

Atlas, Cumming, GA      Age: 42


#7856 07/29/10 Tech Support Nightmare
In the article below, how many mistakes were made? When did it all start to go wrong? How can teenagers learn from this one? How is blinding stupidity not painful?
URL #1: http://www.sfgate.com/cgi-bin/blogs/scavenger/detail?entry_id=68992

Drake, LA, CA      Age: 35

#7855 07/29/10 Farmers Insurance / LLC
I have two NM LLCs. Purchasing a home with one and a car with another.

Went to Farmers Insurance today to get insurance for my business which is a CA Corp. Agent said I can get a discount on all other insurance. So I asked how they handled autos purchased under an LLC. He says, "We do it all the time. I'll need the name of the LLC and the name of the member because it's the person who is being insured." Actually that made since to me because in the past before getting a quote they needed to know MY (the individual's) driving history. Tickets? Accidents? I declined the service until I can find out more.

I'll try using AAA as most have suggested. But again, if the car is in an accident, isn't the check written out to the LLC and how the heck to do you cash it to repair the vehicle?



Rob, Orange County, CA      Age: 39

#7854 07/29/10 Purchasing CA home with LLC and Insurance
Buying a CA home with NM LLC.

Need to insure home through AAA.

Let's assume all goes well.

Five years later my property is damaged and I make a claim. Doesn't the check get written to the LLC? How would I cash it?

Or do you purchase the home in the name of the NM LLC and then put the insurance in your name?


Rob, Orange County, CA      Age: 39
Tha latter. My home is owned by an LLC, and I made a claim two years ago. The check was made out to me. No problem.

#7853 07/29/10 Cell Phone Stronghold Bag
Some readers might be interested in using this product instead of taking out the batteries in their cell phones.
URL #1: http://www.idstronghold.com/Cell-Phone-Stronghold-Bag/productinfo/IDSH6001-001/

Everett, Panama City Beach, FL      Age: 58

#7852 07/29/10 Flash Cookies
I use Firefox and have the privacy settings default to erase cookies and all files on closing the browser. If you have Flash installed on your computer ( for Youtube or other video), many websites set cookies (called LSO cookies) within the Flash player. Firefox cannot erase these cookies and you can be fully tracked by them.
There is a Firefox plugin called Better Privacy that will allow you to manage these cookies - or erase them completely on closing Firefox. The first time I ran it I had almost 700 cookies on our family Windows computer.

I highly recommend everyone use Free Open Source software whenever possible, even use Linux as an operating system, if they have the ability.

URL #1: https://addons.mozilla.org/en-US/firefox/addon/6623/

Chuck, West Monroe, Loisiana      Age: 50

#7851 07/28/10 Hackers to get eavesdropping lessons on cell calls - Reuters
Readers of Chapter 11 of How to Be Invisible will recall that scanners on cell phone frequencies are prohibited in the US by law.


However according to this article, it appears that it may now be possible to build such a device with other hardware and some open source software for as little as $1,500:

"A security expert said he has devised a simple and relatively inexpensive way to snoop on cellphone conversations, claiming that most wireless networks are incapable of guaranteeing calls won't be intercepted."
URL #1: http://www.reuters.com/article/idUSTRE66Q6NS20100727

John, London, UK      Age: 33


#7850 07/27/10 prospective nominee for private bank acct.
I am trying to set up a private bank account with the help of a nominee.

I have a trusted friend who meets many of the requirements, most importantly being judgement proof. He has relatives in a far way state, so a ghost address would be easily attainable. Also, nominee has a very common first and last name.

However, the prospective nominee does currently have a bank account and would not be willing to close it. Also, he is on disability insurance and is rightly concerned about opening another bank account.

Any suggestions?

Because of the commion name, would a personal account still be fine even with the existance of the other bank account?

Or, should I use the nominee to set up an account thru an llc and have him resign from the llc at a later date?

Thank you.

leonard, columbia, sc      Age: 36

You know your circumstances, we do not. These are questions best answered by yourself.

#7849 07/27/10 Transfering a CA property to a NM LLC
I want to transfer my existing property in California to a NM LLC. I will only be using the LLC for privacy. My questions are (1)do I have to register the NM LLC with the CA Secretary of State? (2) Will my property be protected for insurance purposes if I do not register the NM LLC in CA?

Thank you

Sabrina, Sacramento, CA      Age: 34
(1) Apparently not. See post #7843



... (2) State Farm tells me yes. I own my own home in an LLC but insure in my own name.


#7848 07/27/10 LLC address?
When opening a NM LLC the address of the principle office...is that in the state I'm operating? We actually have a address in Nevada but operate in TX. which address should I send in my order?

beverly, dallas, tx      Age: 41
If you order from Rosie, for example, she will form the LLC herself, using her personal address in Spain's Canary Islands. This is the address that will go up on the NM public website.

She will then sell it to you, and you will use your own ghost address for the LLC when buying a car, property, or whatever.

The only address you give her is where you want your documents mailed to. This address is strictly private--no one else will see it.


#7847 07/27/10 how to be invisible
How do we file paperwork for our nm llc to own our wyoming llc? We want the extra layer of privacy protection listed in HTBI book where one llc can own the other llc.

beverly, dallas, tx      Age: 41
I am not familiar with the current form you fill out each year for your WY LLC, but I assume it asks for the owner. If so, list the NM LLC.

#7846 07/27/10 Vehicle in a NM LLC
What is the difference between gifting a vehicle to a LLC and "selling" it? I understand that you would need to pay sales tax if you sold it, but are there any privacy ramifications for gifting it?

Cliff, los angeles, ca      Age: 30
This was answered in a previous post. (Selling the vehicle outright gives you an extra layer of privacy.)

#7845 07/26/10 Home Phone and DSL with Verizon
Phew, just went through the ringer trying to get 'private' phone service with Verizon.


Last time I signed up for phone service (ATT), they immediately updated the credit bureaus to my service address (not at all what I wanted) and I got a torrent of junk mail as well as the discomfort of anyone typing me into Google and finding my address. I'm smarter this time.


1. I gave Verizon my first initials and last name. I denied providing my SS#, and told them I do not want my credit pulled, and that I would be happy to provide a deposit instead.


2. The friendly phone agent said that she would have to work with the 'Credit Verification' department, and got them on the line.


3. The Credit Verification people tried to bully me into revealing my SS#, DOB, and doing a credit check. They also refused to open an account without my legal first and last name. So I gave them my first name, and a fake DOB.


4. The Credit Verification department STILL used the credit inquiry database to 'confirm' my identity ... so that 'someone else can't open phone service in your name'. I have NO IDEA how they confirmed my identity with the wrong birthdate, but it went through just fine. The 'identity verification' questions were clearly wrong and completely irrelevant to me and my personal data. Odd.


4. I got an unlisted phone number, and just in case had the initial agent change the account information BACK to my first initials instead of first name. I also told them to opt me out of any information sharing and gave them a billing address to send all documentation to in a different state.


Next time: I'm opening a BUSINESS account using my LLC, and making up a name etc. as the nominee.

Ken, Santa Cruz, CA      Age: 35


#7844 07/26/10 The IRS does not authorize the use of nominees to obtain EINs.
FYI - I didn't know until today.


The web page cited was "...Last Reviewed or Updated: November 05, 2009"
URL #1: http://www.irs.gov/businesses/small/article/0,,id=214886,00.html

Frank, Arlington, VA      Age: 47


#7843 07/25/10 7763, 7764, 7770
Some exceptions to avoid the minimum franchise fee in California:



If this is of interest to you, be sure to read the whole document to have a complete understanding.



Page 2, Left Column:
Foreign corporations must be “doing business'” in California in order to be subject to the franchise tax. For example, foreign corporations that make deliveries of inventory warehoused in California based on orders taken by employees or independent contractors in
California are “doing business'” in California. As such,they are subject to the franchise tax even though they might not have an office or a regular place of business in California. Get Public Law 86-272 (September 14, 1959;
73 Stat. 555; 15 U.S.C. 381) and FTB Publication 1050 for more information on the types of activities that are
protected from state taxation.
URL #1: http://www.ftb.ca.gov/forms/misc/1063.pdf

Danny, Livermore, CA      Age: 32


#7842 07/25/10 Forcing people search sites to include ghost addreses
I just did a search of my self on peekyou.com and was wondering if it's possible to have my ghost addresses show up as a current or past address?

Thanks

john, Miami, Florida      Age: 50

Past, no. Current, yes.

#7841 07/25/10 Insurance claims and llc's
I'm about to quick claim rental property to a nm llc. After I do this, and at some point in the future if I have an insurance claim, will the insurance company issue a check to the llc?...if they do, I won't be able to do anything with the check.

john, Miami, Florida      Age: 50
I am not an expert in real estate but I've heard negative comments about quitclaim deeds. Check with a Florida expert on this one.

#7840 07/25/10 Credit Cards and Domestic Travel
Mr. Luna,

I thought this might interest your readers.

I noticed a while ago that many hotels and car rental companies require you to give them a credit card even if you're paying in cash. This of course produces a paper trail.

To overcome this, I purchased a $1000 Visa Gift Card. A friend produced a new card (issued in the name of a bank that doesn't exist) and copied the mag-strip information from the gift card to the new card.

Visa Gift cards are run as credit cards anyway, so there is no difference in procedure. When the card is "pre-authorized" for the typical $300-$500, it is accepted (because it has more than that available).

Since my name isn't actually attatched to the card in any way, there is no paper trail what-so-ever.

David, Concord, CA      Age: 32

#7839 07/24/10 Postal Return Address
For the return address, why not simply restate the "to" address but in a slightly different way (i.e. Billing - ABC Co. instead of the 2 lines with Attn: and then the company name)---The postal workers won't notice it and it's guaranteed to get where you want the mail to go (so long as you know the "to" address is correct). I never use anything other than the "to" address and no problems/issues whatsoever. Just make it slightly different, and abbreviate a lot more, for example. Even for packages, you can do this---the postal worker may notice but won't say anything---never has... If he/she ever does, claim it's a self-addressed envelope/package because of travel.

Alex, Chicago, IL      Age: 40

#7838 07/23/10 #7837, Library User
Steph, does the library permit you to plug your own USB drive into their public computers?


If so, get yourself an Ironkey brand secure USB flash drive. Use the Ironkey's internal Firefox browser (NOT the Firefox or Internet Explorer browser on the library's host computer) to browse the Internet. And turn on the "Secure Sessions" feature. (Click on the little icon in the lower right corner of the browser window, so that it shows a green "ON" rather than a red "OFF".


The IronKey's Secure Sessions feature hides the IP address of the host computer from the web sites that you access via the its internal Firefox browser. (You may be entertained to find that the adverts displayed on Web sites seem to be directed toward consumers located in Canada or Europe rather Denton, Texas.)


You might also install the StartPage (= ixQuick) search engine in your IronKey's browser. That search engine does not disclose the IP address of the computer that you are using.


I carry my IronKey on a cellphone-style lanyard around my neck. I use the IronKey's Firefox, its Secure Sessions feature, and the Startpage search engine whenever I browse the Internet, whether from my home computer or from someone else's computer.
URL #1: https://www.ironkey.com/

Hamish, Salem, Oregon      Age: 67


#7837 07/23/10 Library User
Hi, I use the public computers at the library. Even though I use custom setting on the privacy tab of Foxfire, I still get indications that websites know where I'm at. EX: I signed up at Fotki, a photosharing website and it automatically in Denton, Texas as my location. I also notice ads for my location at other websites. Is there anyway to prevent this while using public computers? I really don't want these websites to know my actual location. Thanks.

Steph, Denton, TX      Age: 53

#7836 07/23/10 RFID Clothing Tags
(Reuters) – Wal-Mart Stores Inc plans to roll out electronic tags to keep track of individual garments like jeans and underwear, in a move that would help the retail giant control its inventories better, the Wall Street Journal said.
Beginning in August, Wal-Mart will place removable radio-frequency ID tags on individual garments that can be read by a handheld scanner, the Journal said.



The tags will help Wal-Mart workers to quickly learn which garments are missing from the shelves, the paper said.
The aim of rolling out the electronic tags is to ensure shelves are optimally stocked and inventory tightly watched, according to the Journal.



If successful, the electronic tags will be used for other products at Wal-Mart's more than 3,750 U.S. stores, the paper said.



"This ability to wave the wand and have a sense of all the products that are on the floor or in the back room in seconds is something that we feel can really transform our business," Raul Vazquez, the executive in charge of Wal-Mart stores in the western United States, told the paper.



Wal-Mart could not immediately be reached for comment by Reuters outside regular U.S. business hours. (Reporting by Sakthi Prasad in Bangalore; Editing by Valerie Lee)

Brad, Woodstock, IL      Age: 26


#7835 07/22/10 Re: Seth #7811 out of state vehicle ownership
"I'm assuming the Colorado does not have a similar tax and so you can live there indefinitely with MT plates. If not, explain how you are able to avoid that because maybe that would work here, too."


Colorado does have a personal property ownership tax on motor vehicles. The key to AVOIDING (not evading) this tax is that the vehicle must be legitimately owned by a business that has a legitimate business presence in Montana. In general, forming a Montana LLC and having a registered agent in Montana will suffice to pass casual scrutiny, like for an RV used infrequently and stored out of sight, but technically if you are not operating a "business" of some sort in Montana, it's possible that a judge in Colorado or Virgina might call it a sham registration and possibly tax evasion.


That's why I created an internet based news gathering organization that is hosted in Montana. I'm no lawyer, but it's my judgment that having a business based in Montana that owns vehicles licensed there is pretty unassailable. I can prove that my business is based in Montana, and it's entitled to own vehicles and loan them to me, even if I use them primarily in Colorado.


Montana has been protective of this system and has resisted efforts of Colorado to cooperate in stopping it because it brings significant income to Montana.


There is always a risk that some zealous prosecutor might try to make an example out of some out-of-state registrant by charging them with tax evasion or something, and this might be a bigger risk if you do not actually have a business presence (more than just a registered LLC) in Montana.


That's why I opted for the highest degree of legal legitimacy I could obtain short of actually moving to Montana.


But, there is risk associated with this plan, and one thing it does do is draw attention to your vehicles, which may bring scrutiny of you, personally, which is the antithesis of good tactics if one is trying to be invisible.


So, one has to assess whether the monetary reward and privacy is worth being hassled by some cop who objects to your not having in-state plates.


The low-profile system suggests that you suck it up and pay in-state registration and taxes, but that the vehicle be registered to a New Mexico LLC.


Montana registration is merely an option for those who have expensive vehicles in states that levy high registration taxes, like Colorado. But it's not without risks.

Seth, collbran, co      Age: 50

Note to readers: My vote, as Seth says, is to "suck it up and pay in-state registration and taxes, but that the vehicle be registered to a New Mexico LLC."

#7834 07/22/10 Re: #7830 - Startpage
You are correct, Leonard. Startpage and ixquick are identical. Startpage is just an alternate name for Ixquick.


"Since Google, Yahoo, and Bing already retain users' search data, this proposal is clearly aimed at Ixquick and our English-language subsidiary Startpage (www.startpage.com)," said Robert Beens, CEO of Ixquick.
URL #1: https://startpage.com/eng/press/pr-startpage-fights-data-retention-policy.html

Hamish, Salem, Oregon      Age: 68


#7833 07/22/10 ebay-amazon
Thanks to Hamish for his answer on magic jack-I will not go near it.


I have been selling stuff on ebay and amazon for a number of years and I picked this little trick up from another seller.


If you are mailing a package like a book or CD, all I put is my return address without any name. I have mailed from a number of different post offices, and nobody has ever given me a problem over it.


It has been discussed here to put the return address on the back of the envelope because the post office photographs the front, but on a package they might object-I'm not sure because I have not tried it yet. Thanks.

Dave, Maple Shade, NJ      Age: 48


#7831 07/21/10 Explaining Limitation of Liability to Nominees
Okay, I have read the chapter on Nominees in HTBI & I have the nominee report.

When interviewing nominees, their number one fear is, when opening an account, bank or otherwise, how they might be liable ?

What can I say to them which clearly explains how all they are is a nominee, and that they can't be held liable for any problems which may arise ?

Are there any law citations ?

Thanks

Geoff , Tampa, Florida      Age: 40
One problem that comes to mind would be if you deposited a number of bad checks into the account. That might get the nominee blacklisted.

Another fear might be that you would use the account for some illegal activity.

Your job, therefore, is to sell yourself as someone the nominee can trust.


#7830 07/21/10 startpage
What's the difference between ixquick and startpage? It looks to me as though SP is just a mirror site for ixquick.

leonard, columbia, sc      Age: 36

#7828 07/21/10 RE: Don P.O. fwding to your Father's box
Don, we had something similar happen in that the previous occupant of our P.O. Box had the same last name. Problem was, this person was also a crook, and when some of our mail was forwarded to this person they tried to use our mail to buy things and get our social #'s (obviously they put in a mail fwding card).
I'd go in person to the P.O. if you can, and explain you are visiting the area again and "this person with the same name as me" is getting my mail and you had been contacted by them. Then have them put a note taped to your old P.O. box wall not to fwd your old mail and one on your Father's box too. That should help tremendously, as we had to do that also and have had no problems since.

Katie, ,      Age: 31

#7827 07/20/10 RE: Luna's blog post- Is it okay with the police if you lie?
Some other suggestions for single women living alone- placing a worn size 14 pair of work boots outside on the porch, a NRA or Patrolman's Benevolent Association decal on the front, or leaving "guy stuff" around (tools, sports equipment, etc.). Men (especially potential predators) WILL pick up of these things.

Daniel, ,      Age: 34

#7825 07/19/10 Rental and a LLC
... If a mortgage will be involved, I do not recommend an LLC

Can you elaborate on why not? Thank you.

Pete, ,      Age: 43
The mortgage company will still want you to guarantee the loan under your OWN NAME so there goes the privacy.

#7824 07/19/10 New to privacy? You CAN do it!
I'm a 20 year old community college student. I know there are people who read this section who have no idea where to start, or think it's too much work to start making their life private. I haven't done a lot, but I've taken the first steps, and I'd like to share my story, because I already feel a huge weight off my shoulders. You CAN do it.


In PA, when you move you receive a little paper card to be kept with your drivers license. Your actual drivers license is NOT updated. I've moved twice since I got my license - and I opened a PO box with this "old" license ("forgetting" to give them the little paper card) and my college ID card which has nothing but my picture and my name. No other information. My middle name is Tyler, and I've been receiving mail as "Joshua Tyler" or even "J. Tyler" for over six months now with no problems.


My bank account is in the town my grandparents live in Delaware, in a bank with no branches in PA. I visit them frequently, and all other times I just use the online banking, and receive no printed statements. I have no credit cards, except for a debit card linked to my account. I've learned from experience that I do a poor job of hanging on to money, so I don't even give myself the temptation to go beyond my means.


If the dog doo-doo really hits the fan, my college has lockers in the hallways (the wide, gym locker variety). These lockers are NOT registered to anyone - anyone can stick a combination lock on one and it's immediately theirs. In one locker I have a clean Acer netbook, some cash, and a duffel bag with a change of clothes. I don't do ANYTHING illegal, but if anything were to ever happen to me or someone I love, the college is directly across the street from the Greyhound terminal. And since many people take summer classes here, the college NEVER empties the lockers...


I still have a long way to go - my privacy on the Internet is not where it should be. I'm trying to find a ghost address, but I'm 20 and look 16, so I haven't found a way to get people to take me seriously. But this has turned into a game for me. Not a "stick it to the man" type of game, but a game that's actually turned out to be fun. Again, everybody: I'm two years out of high school. I'm a full time community college student with very, very little income. And I've taken the first steps to privacy, and I already feel more confident in myself. You can too. If anyone's reading this unsure about how or whether to proceed, follow Jack's advice - just set a day, and DO IT, no matter what. You'll be glad you did.

Josh, ,      Age: 20

Way to go, Josh!

#7823 07/18/10 Re: Seth #7811 out of state vehicle ownership
Virginia taxes vehicles as personal property every year and puts a great deal of effort to make sure that anyone living here has VA plates.


Let's not discuss the legal definition of domicile; I'm assuming the Colorado does not have a similar tax and so you can live there indefinitely with MT plates.


If not, explain how you are able to avoid that because maybe that would work here, too.



Frank, ,      Age: 47


#7822 07/18/10 Inheritance of LLCs
Why are these questions being posted? I thought LLCs were for Privacy, not tax evasion.

Larry, ,      Age: 53
Correct, I recommend LLCs for privacy, never for tax evasion. Perhaps they can be used for legal avoidance (NOT for evasion)but this is not my field. Tax attorneys are best used in such a field.

#7821 07/18/10 P.O. Box
I made the mistake of opening a P.O. Box at the same USPS where my father has his. We have the same name. I closed my P.O. Box a few years ago. Instead of returning my mail to the sender, the mail handlers are putting it in my father's P.O. Box. I do not want this to happen. I want the senders to think that I moved to a far away place.

Any recommendations?

Don, ,      Age: 40
If you closed the box several years ago, why is mail still being sent to you at that address?


With each letter that arrives in the future, do one of two things:

1. Write to the sender and send him or her your new address. Or,

2. Stamp each letter with
MOVED--NO FORWARDING ADDRESS
and return to sender.


#7818 07/17/10 Inheritance of LLCs
Hi, I just wanted to follow up and clarify something Seth mentioned in #7811. He seems to be saying an LLC, with all the real estate, vehicles, or anything else it owns, can be given to an heir, and there are no inheritance taxes, and none of the usual estate paperwork. Is that correct??? Thanks -K.



Kent, ,      Age: 54

#7817 07/17/10 Teresa # 7807
Teresa,


Thanks, notifiying your credit card company before you travel is always a good idea. I always do that since I had a card denied many years ago.


My post was in reference to post #7800 where JJ suggests getting a Canadian credit card. I was relating my experience in trying to get one and I wondered if anyone was able to get one and how they did get it.


roger, ,      Age: 62


#7816 07/17/10 Buying a Rental Home in a LLC
I am about ready to close on a rental property. I asked the mortgage broker and realtor if I can title it in a LLC. The realtor said, No problem. The mortgage broker , said he would not advise it as this may raise a flag to the mortgage company and they may call the loan. Also he stated, I would lose all title insurance coverage. I know, I know pay cash it is easier.

Pete, ,      Age: 43
If a mortgage will be involved, I do not recommend an LLC.

#7813 07/16/10 #7808 Buying a home
"If my LLC goes inactive will I loose my home?"


No, you won't lose your home. Who would try to take it from you if it's paid for?


But, if your LLC ceases to exist because you didn't keep it up (by not paying the Registered Agent fees or filing the necessary reports) then the TITLE to the house becomes clouded, as it's then difficult to determine to whom the house rightfully belongs in some legal action, like at your death. This is one of the difficulties in using LLC's for privacy, it does add a layer of complexity and ongoing bureaucratic involvement.


This only becomes an issue if something happens where the title to the house is placed in question. Such events could include your death or incapacity, a bankruptcy, a lien or assessment by a government agency or homeowner's association, a tax lien from the federal or state government or some other legal action where title to the house is involved, including things like title insurance or homeowners insurance claims.


Thus, it's important to keep the LLC legally formed and up to date. If this is a concern, and it is, you should get advice from a qualified lawyer as to how to set things up properly. For example, you may want to have your LAWYER do the closing in the name of the LLC, paying by check from an escrow account to cut your name out of it, so you don't end up with gift or estate tax issues down the road. If you put YOUR signature on the closing documents, even as an agent for an LLC, then you are forever linked with the property, and that can have tax implications in the future.

Seth, ,      Age: 50


#7812 07/16/10 Consultation in CA?
I know you meet clients in Vegas but I don't like Sin City and the 100-degree temperatures. Do you ever come to the Bay area or southern CA?

Eric, ,      Age: 62
No, but a good alternative is Bellingham, WA, now that Allegiant flies in there. It's a small, convenient airport, with non-stop low-cost flights to and from your area (as well as many cities in southern Cal.)

#7811 07/16/10 vehicle ownership under an LLC
"Specifically, can I "sell" the currently owned vehicle to the LLC once I have the LLC in my possession and then apply for a new title at the DMV? if so, will I have to pay tax on the sale of the vehicle again?"


JJ replies:"... In some states you can transfer into an LLC with no tax, just a transfer fee. It is more secure, however, to do an outright sale and pay the tax."


In Colorado you can transfer ownership of vehicles to an owned LLC without paying sales tax, but in order to do so you must fill out what's called an "Affidavit of One and the Same," which is a sworn affidavit stating that you (the previous owner) and the LLC are "one and the same." Only by doing so can you avoid paying sales tax because it's considered a paper transfer of title, not a sale.


However, in doing so, you are irrevocably linking your LLC to your name in the state records system. That affidavit will be filed away, and the fact that you are the LLC will become part of the DMV record for the vehicle, precisely so that you cannot evade taxes. Legally, whatever applies to the LLC applies to you as "one and the same."


To what extent this "one and the same" information is available to the public, or PIs, is unknown to me, but it's my assessment that if the government knows it, others can find it out, so it's worth spending some extra cash to make the privacy airtight.


The only way to de-link your vehicle from your name is to actually "sell" the vehicle to the LLC that does NOT link to your name, pay the sales tax, and USE A NOMINEE to perform the transaction! This is because the current owner attempting to sell a vehicle to a new owner who isn't doing the paperwork may raise suspicion in the DMV. Usually, the new owner or his agent does the paperwork in a legitimate transaction. Therefore, you need to make the transaction appear legitimate and unsuspicious. (Don't forget that if you "sell" your car to an LLC, you must declare the "proceeds" as income on your personal income taxes. To be airtight, suck it up and pay the income tax too, that way there's no way to "get" you for a fraudulent transaction!)


The procedure I follow is to get a friend to agree to be appointed "Manager of Transportation Services" for the LLC, and then I, in my pseudonymous identity as the President of the LLC, issue a letter authorizing my friend to perform registration and licensing transactions regarding motor vehicles for the LLC. This document is provided just in case the DMV wants proof my friend is authorized, although that's not usually an issue, because the DMV requires that the person performing the transaction provide positive identification (DL/passport), which is noted in the record.


As my real self and title holder, I sell the vehicle to the LLC. It's necessary to actually claim a reasonable price, as most states will not allow a "one dollar" sale for new vehicles because they lose out on sales tax that way, so they keep lists of average retail prices for vehicles and will "impute" a value to the vehicle if you attempt to evade sales tax too egregiously. Fortunately, most of my vehicles are at least 10 years old, and can be sold at nominal value. I usually have my agent tell them that it's a ten-year-old junker bought for a hundred dollars, which works with older vehicles. For my new Ford pickup, I'd have to claim a fair-market price and pay the sales tax to make it legit.


Once the title work is done, a "letter of concluded participation" is provided to the LLC by my nominee friend to legally prove that she/he is no longer an agent for the LLC, and the vehicle is now properly and legally titled in the name of an anonymous New Mexico LLC.


One way I found to get around the sales tax issue for expensive new vehicles is to form an LLC in Montana and transfer ownership to the Montana LLC. Montana has very favorable motor vehicle registration laws, and there are several companies that specialize in forming Montana LLCs and doing the title transfer work for you. There is no sales tax on the transfers, and there are no yearly registration fees or taxes on any vehicle more than 11 years old, which means that all but two of my vehicles and trailers get a permanent, non-expiring Montana plate that I only have to pay for once.


It costs about $1200 to form a Montana LLC and register 2 vehicles, and you have to pay about $100 per year for a registered agent, just like in New Mexico, but once done, even for new vehicles, taxes and registration fees can be very attractive.


Colorado is really, really pissed about this because people go buy their half-million dollar RV's in Montana under a Montana LLC and then don't have to pay the outrageous Colorado registration and ownership taxes, but legally they have a very hard time doing anything about it because Montana refuses to cooperate, and so long as you have a legitimate "business presence" in Montana, there's nothing Colorado can do about it, under the "Full Faith and Credit" provisions of the Constitution.


There is a major trucking company operating out of Denver that has been registering all it's tractors and trailers in Montana for more than 15 years, and still is, despite being outed by a Denver TV station. They say, correctly, that they have a right to register their interstate commercial vehicles in any state where they do business, and that registration is valid in all states, so they told the state of Colorado to pound sand when it complained. This is why many corporations are registered in Delaware, which has very favorable tax and regulation climate for corporations, and all other states are required to honor that Delaware incorporation, even though the "business presence" in Delaware is nothing more than a mail drop and a registered agent's office. Delaware gets to impose small corporate taxes, which given the number of corporations registered there adds up to a huge amount of money, but a significant savings for each corporation, so Delaware is happy to set things up that way. So is Montana, when it comes to licensing vehicles. They get small taxes and fees on new vehicles, and economic benefits even from older ones, so they are happy to give people a place to get respite from burdensome vehicle taxes and fees and to hell with what the other states think about it.


For the trucking company, their "place of business" in Montana consists of a desk and a telephone in a cubical in the truck dealership they buy their trucks from in Helena.


My Montana LLC is my internet-based news company, and my "business presence" in Montana is my Montana-based ISP who hosts my website. I access my "office" via the Internet, from Colorado. I can get mail forwarding services from the company that acts as my registered agent in Montana as well, and they already forward official correspondence as part of the RA package. I don't provide any mailing address for the company, and do all my business on-line, so that's not a problem, but I could just use my Colorado ghost address if necessary. I also pay any necessary Montana taxes on the LLC income (there isn't any, of course... News writing income flows through my Colorado LLC of the same name, not the Montana LLC)


This makes it a perfectly legitimate and legal Montana business (just because I'm "on the road" all the time and I never go in to the "office" in Montana doesn't mean it's a fraudulent business...), which makes the ownership of the vehicles and registration in Montana perfectly legal too, and Colorado can't do a thing about it, as much as they'd like to.


This was all accomplished by email with the company in Montana, all under my pseudonym, and the Montana LLC is owned by my anonymous New Mexico LLC, so my real name isn't even known to my registered agent in Montana, or to my RA in New Mexico. They have my pseudonym, a ghost address P.O. Box in an adjacent community in Colorado, and an e-mail address through my Montana ISP with which to contact me.


And this means that if something happens to me, my heirs get a packet in the mail with the ownership papers for the New Mexico LLC from my lawyer, and they become the owners of my Montana LLC, my vehicles, and everything else I choose to transfer into either LLC as an asset without having to retitle them and without them being detectable as part of my estate, and thus it's all immune from estate tax, which comes back at 51 percent next year.


Plus, it's literally impossible for anyone to track the ownership of the vehicles to me, personally. At worst, the state might find out that I, under my real name, am using the vehicles with the permission of the company that owns them, which is authorized by a letter from the President (me, using my pseudonym) of the company, a copy of which I keep in each vehicle along with the registration papers. This is a factual, but not a legal link to me, and one that's unlikely to result in a privacy breach.


Seth, ,      Age: 50


#7808 07/15/10 Buying a Home
I have the cash for buying a home and all other associated fees, so no loan needed/ What I am wondering is when I go to buy the home since I am a first time home owner, how do I go about putting it into an LLC...whats the process...what documents will I need? How do I stress to them that I don't want my name on the deed or other documents just the LLC? If my LLC goes inactive will I loose my home?

John , ,      Age: 35
This should be a simple operation. Just title it in the LLC. You (or a nominee) will have to sign, but just make sure only the LLC name goes into the public records. Check ahead of time with the real estate agent, lawyer, title company manager, or whoever.

#7807 07/15/10 Roger: Credit cards
Roger, I think things get a little messy if your bank/credit union suddenly sees out-of-country or unusual activity.

I went out of the country some time back. I used a Visa debit/credit card. I just called the credit union to advise them when I would be going, and from which countries charges might appear. I also took a passel of traveler's checks. Those I used (and were accepted) as cash for nearly everything. The card was only for advance reservations at hotels and such.


I wonder if one of those pre-paid Visa cards with out-of-country processing might also be an option.



Teresa, ,      Age: 48


#7806 07/15/10 vehicle ownership under an LLC
OK, after reading HTBI I'm curious to know how I would go about titling a currently owned vehicle (under my correct name and address) under an LLC purchased through one of the alternate ghost addresses. Specifically, can I "sell" the currently owned vehicle to the LLC once I have the LLC in my possession and then apply for a new title at the DMV? if so, will I have to pay tax on the sale of the vehicle again? NOTE: I plan to move from the address where the vehicle is currently titled within the next month.

Carolyn, ,      Age: 38
In some states you can transfer into an LLC with no tax, just a transfer fee. It is more secure, however, to do an outright sale and pay the tax.

Most western states allow an Alaska address for an LLC but some eastern states do not. Check first with the DMV.


#7805 07/15/10 Passports from the official viewpoint
Below is an article written by a private intelligence company on the subject of passports. Some interesting points are made within several different contexts; crime, terrorism, intelligence, electronic databases, privacy.
URL #1: http://www.stratfor.com/weekly/20100714_shifting_landscape_passport_fraud

Drake, ,      Age: 35

#7804 07/15/10 Canadian credit cards
In preparation of a recent trip to Europe I looked into getting a Canadian credit card which has the chip and pin technology. Your info is in a chip located in the credit card and you must enter a pin number to valiate the card and complete the transaction. American credit cards use the old tech, info in the strip, which is swiped to complete the transaction. Almost everyone but the U.S. uses chip & pin. Although chip & pin is much more secure the U.S. will not change because of the cost.


American credit cards are sometimes useless in Europe- when buying tickets from a ticket machine or buying gas at a self-serve gas pump, for example. There is no problem most of the time because most of the time you will be dealing a person and they know how to deal with American credit cards.


I tried to get a Canadian credit card to make things easier in Europe but I was told that I couldn't get one because they couldn't check my credit because American credit agencies and Canadian credit agencies cannot share information. I would need a Canadian address and credit history to get a Canadian card.


I also tried to get a chip & pin card from my credit card company here in the U.S. and they said they could not issue one to me.


If anyone has had a different experience please let us know.


roger, ,      Age: 62


#7803 07/14/10 Landlord sues to learn idenity of bloggers
Thomas Hester Jr., a former Vance County commissioner seeking election again, filed suit earlier this year complaining that commenters under such aliases as "Fatboy," "Pearl," "The Real Deal," and "Ziggy" made defamatory comments about him on a real estate website.


The case represents one man's quest to rid the Internet of disparaging posts about his rental properties but touches on global issues of how much anonymity the Internet provides and whether you can really ever know the identity of the person at the keyboard.


Hester's dispute is with Jason Feingold, editor of the website "Home in Henderson."


Superior Court Judge Howard Manning ruled on June 28 that Feingold had 10 days to turn over the names of six commenters to Hester.



URL #1: http://www.charlotteobserver.com/2010/07/14/1561142/landlord-sues-to-learn-who-commented.html#ixzz0tf68SauN

Stan, ,      Age: 44


#7800 07/14/10 Credit Card in an LLC
I would like to obtain a credit card in the name of my LLC and not use my ss#. I've been running in to a roadblock as the companies tell me that they must have the ss# of anyone who has their name on the card.

What if it is someone from a different country that has no ss#?

Anyone have experience in this area?

Tks,
Neil

neil, ,      Age: 40
You can probably get a credit card from a Canadian bank but the account will have to be in your name, not in the name of an LLC.

#7798 07/13/10 Privacy level
Just wanted to get some feedback as how am I doing after reading the HTBI book cover to cover.
I have changed my mailing address to PO Box using my Ca DL with an address from a former residence (4yrs old), since then have Ca DMV Id issued with PO Box on it, No bank acct in USA, pay cash for everything, Utilities, cabletv, etc on nominee's name, car in NM LLC, pre paid cell phone, outgoing calls always blocked id, K7 number for business and most contacts, banking in Canada, Panama Foundation owns LLC that owns property. Self employed. How am I doing this far?


Any feedback would be appreciated. Have I missed anything?
Thanks in advance

Alejandro, ,      Age: 40


#7797 07/13/10 invisible profile chapter 19
We have a llc to start our home based business (that we havent yet)...we read ch 19 and are interested in HOW to use 2 llcs for added protection? We were thinking of removing our names on annual report to nominee and change name. My husband really has a need to be invisible. Help

beverly, ,      Age: 41
I'm not sure what specific page you refer to, but one way is to use one LLC to run a business and a second LLC to own the first.

#7794 07/13/10 It happened to me
I wanted to share my experience....


A few years ago I was following JJ's book religiously, I did everything. All of my mail went to a ghost address and I even moved every 6 weeks having a new apartment under a friend's name. I worked for myself, no social networking, no cell phone, no bank account...etc. I sent a letter to someone I once knew with no return address just the letter (typed). The postmark gave away the general area where I was. This P.I. must have had a hard time finding me but eventually he did, calling my home. (my phone was not in my name).


What I think happened was that he called someone who knew where I was and tricked them into giving my phone number and address! I also used a debit card because I had no access to cash at the time and had to do a "cash advance" on my card to get the cash from it. My friend's company provided me with a card which had my name on it but I was not a employee. Anyways the point of my story is even if you follow all of the advice in HTBI there is still a way for people to find you. Just a word to the wise.

John, ,      Age: 54

As I have said before, anyone can be tracked down if a PI has unlimited funds. Whoever was after you must have been well paid, and I agree--he or she must have tricked a relative or friend into giving your location away.

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