Legal Question in Real Estate Law in California
Fictitious Business Name
Hi, my father is developing a commercial building, and he has asked me to open a bank account with a dba and I will be the ''general contractor'' which i know nothing about. He wants to get money from the lending bank, and pay me as the general contractor and then keep the money for himself.
What are the repercussions? Should i do this to help my father out? Should i ask to keep some money for myself? Will i end up paying tax on this?
3 Answers from Attorneys
Re: Fictitious Business Name
We would need more information to cover better the question. On the face of it, your are receiving taxable income, defrauding the bank wiht is both a criminal and civil wrong [they can sue you for any damages they suffer], as sooner as they send their site manager out to look at how the initial work is progressing he will figure out that you are not a general contractor and the loan will be cancelled.
Figure out some diplomatic way to say no to your father. Why would a father try to get his son involved in such a scam?
Re: Fictitious Business Name
DON'T DO IT. Your Father-In-Law is attempting to defraud a lender, and if you are a part of this, you will be as equally liable as him when, not if, the lender finds out. And yes, you will be paying taxes on any money paid to you, even though you paid it right back to your Father-In-Law. Unless you want to be sued by the lender for the refund of all monies paid, plus a lot of attorneys fees, etc... and potentially face criminal penalties, I'd tell your Father-In-Law to find another sucker.
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Re: Fictitious Business Name
Sure, feel free to do it, as long as you don't mind criminal charges for federal bank fraud against you, and him.
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