Restaurant Owners Take Note: Capital Gains Tax Legislation Proposed for 2016

The proposed legislation to impose a new capital gains tax in Washington State (House Bill 2224) should have little or no immediate effect upon a typical restaurant operator.  This is because restaurant owners usually recognize ordinary income from their restaurant operations, not “capital gain” as defined in the Internal Revenue Code and in this bill.

 

However, the sale of a restaurant business at a substantial profit would likely produce a capital gain, which could be taxed under this proposal.  To the extent a restaurant owner or investor sells a restaurant or sells his stake in a restaurant, that sale might produce capital gain, which could be subject to this excise tax.

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U.S. Supreme Court Rules on Tacking Doctrine Applicable to Trademarks

A trademark serves to identify and distinguish one party’s goods or services from the goods and services of others.  A trademark may be a word, phrase, symbol or design, or any combination of those.  Trademark rights arise from either (1) actual use of the mark, or (2) the filing of an application to register a mark in the United States Patent and Trademark Office (USPTO) stating that the applicant has bona fide intention to use the mark in interstate commerce.

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Good News for 2015: Lower Government Fees for US Trademark Applications and Renewals

The United States Patent and Trademark Office (USPTO) has reduced the governmental filing fees for trademark applications and renewals, effective January 17, 2015. For applicants that agree to utilize electronic correspondence, the new per-classification fee for a standard trademark application has been reduced from $325 to $275 per class. Applicants may also continue to receive non-electronic notifications and correspondence from the USPTO at the same $325 per class filing fee.

 

 

Likewise, fees for trademark renewals have been reduced from $400 to $300 per class for electronic filers.

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UPDATE: Music Licensing 101: The Basics for Hotel & Restaurant Operators

I first posted a version of this blog entry in June 2012, and have received many queries since about music licensing and, in particular, the homestyle exception.  A common misconception about the homestyle exception is that it applies to recorded music, such as MP3s and CDs.  It does not.  The homestyle exception only applies to television and radio broadcasts.

 

Read on for more information about the homestyle exception, and please feel free to contact me if you have questions about whether the exception applies to your business.

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