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USTR Announces List 4 Tariffs on $300B Imports from China While Continuing to Accept Exclusion Requests for List 3 Tariffs
Dinsmore & Shohl LLP, August 2019

The U.S.-China trade dispute escalated yet again as the Office of the U.S. Trade Representative (USTR) announced a fourth round of tariffs of 10 percent on an estimated $300 billion of goods imported from China not already subject to Section 301 tariffs.  At the same time, the USTR continues to accept List 3 exclusion requests and is working to complete review of List 1 and List 2 exclusion requests. 1. USTR Announces Section 301 Tariffs on $300B of U.S...

Central America: Tax Amendments and Opportunities
Consortium Legal - El Salvador, August 2019

Reform is in the air for Central America’s tax systems. Alfredo Rodríguez, Diego Martín ­Menjívar, Armando Manzanares,Carlos Taboada and Diego Salto Van der Laatof Consortium Legal take a look. Central America’s tax systems have certainly evolved over the past few years. Looking ahead, the need to increase fiscal revenues and the lack of modernised systems will trigger further reforms in most of the countries...

First False Claims Act Settlement Over Flawed Cybersecurity Could Be a Harbinger of the Future
Dinsmore & Shohl LLP, August 2019

In what appears to be a first under the False Claims Act, a case based on flawed cybersecurity has been settled, for nearly $9 million. On July 31, 2019, the Attorney General of New York announced that, alongside the U.S. Department of Justice, New York, eighteen other states, and the District of Columbia have reached an $8.6 million settlement with Cisco Systems, Inc. (“Cisco”) over sales of surveillance video software allegedly vulnerable to hacking...

New Timing Requirements for Certain California Eviction Actions Take Effect September 1
Hanson Bridgett LLP, August 2019

On September 1, 2019, AB2342 and its new timing requirements for issuing certain eviction notices and for answering eviction lawsuits go into effect in California. AB2343 amends California Code of Civil Procedure Sections 1161(2) and (3) regarding 3-day notices to pay or quit and 3-day notices based on neglect or failure to perform other conditions or covenants of the lease or agreement...

The IRS is Coming for Your Cryptocurrency
Hanson Bridgett LLP, August 2019

Over the summer of 2019, the IRS significantly increased its efforts to police the taxation of Bitcoin, Ethereum, and other similar cryptocurrencies. On July 26, 2019, the IRS announced that it had begun sending letters to taxpayers who potentially failed to pay cryptocurrency taxes associated with digital currency transactions or failed to properly report those transactions. By the end of August, the IRS anticipates that it will have sent over 10,000 letters to taxpayers...

Bureau of Cannabis Control Publishes New Distributor Fact Sheets
Hanson Bridgett LLP, August 2019

The Bureau of Cannabis Control recently published two new fact sheets on its website as a resource for industry stakeholders, licensees, and the general public. The facts sheet help everyone better understand the different responsibilities of the cannabis distributor (Type 11) and the cannabis distributor transport only (Type 13) licensee by providing a list of required procedures and guidelines for various distribution activities...

Regulations on Accounting Records for Offshore Companies
Morgan & Morgan, August 2019

In order to comply with the international guidelines regarding corporate transparency, the government of Panama enacted Law 52 of October 27, 2016 in the Official Gazette, which establishes the obligation for Panamanian companies and other entities to maintain accounting records, financial records and supporting documentation of all transactions that took place during the last five (5) years, so that their financial status can be easily determined with reasonable accuracy...

Notice on the Recovery of State Aid
Heuking Kühn Lüer Wojtek, August 2019

If, in the course of an in-depth assessment, the EU Commission finds that an unlawfully granted aid is incompatible with the internal market, it is obliged under Article 16 of the Procedural Regulation 2015/1589 to order the recovery of the aid by the Member State. On 23 July 2019, the Commission published an updated notice on recovery (2019/C 247/01)...

Public Financing of Infrastructure
Heuking Kühn Lüer Wojtek, August 2019

Although under the Treaty on the Functioning of the European Union, the European Commission has limited power regarding infrastructure policy, which remains a Member state competence, recent rulings of the ECJ regarding ports and airports have allowed it to extend its role in this area by applying the State aid rules to infrastructure financing...

Fifth Circuit Court of Appeals Enjoins EEOC Guidance on use of Criminal History in Employment Decisions
Dinsmore & Shohl LLP, August 2019

On August 6, 2019, the Fifth Circuit Court of Appeals issued a panel opinion in the case of Texas v. EEOC at al., Case No. 18-10638 (5th Cir. August 6, 2019), that looks to significantly impact the way employers may choose to treat employees or applicants with criminal backgrounds. Background In April 2012, the EEOC issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII” (Guidance)...

5 Reasons Why Your Business Needs Accounting Services
BoardRoom Limited, August 2019

Accounting is one of the essential functions your business requires for robust financial management. However, many business owners still opt to handle their accounts in-house. This not only takes up their valuable time but also heightens the risk of compliance issues that could cost their business in the long run. 30% of Singapore start-ups fail within the first three years, and poor financial management is one of the principal causes...

Dividends Tax: Most-Favoured Nation Clause in Double Tax Agreement
ENSafrica, August 2019

  On 12 June2019, the Tax Court of South Africa delivered its judgment inABC(Pty)LtdvC:SARS(case no. 14287). The court was tasked with determining the application and interpretation of South African double taxation agreements (“DTAs”) entered into with the State of Kuwait (the “SA-KW DTA”), the Kingdom of the Netherlands (the “SA-NL Protocol”), and the Kingdom of Sweden (the “SA-SE Protocol”)...

Debt Capitalisations Between Two Controlled Foreign Companies
ENSafrica, August 2019

  The various changes to the so-called debt waiver provisions in section 19 of the South African Income Tax Act, 1962 (the “Act”) and paragraph 12A of the Eighth Schedule to the Act in terms of the Taxation Laws Amendment Acts of 2017 and 2018 have come and gone. It is understood that there is now finality in terms of the debt waiver provisions as contained in the Act, which we discussed in a previous article...

Extended Scope of “Electronic Services”: New VAT Frontier or Pandora’s Box?
ENSafrica, August 2019

On 18 March 2019, South Africa’s National Treasury published revised Electronic Services Regulations, significantly expanding the scope of electronically supplied services that are subject to value-added tax (“VAT”). The publication follows the Minister of Finance’s announcement in the 2017 Budget Review that the regulations defining electronic services would be broadened...

The Interaction Between the Debt Reduction Rules and Other Provisions of the Income Tax Act
ENSafrica, August 2019

Having gone through a number of substitutions and amendments, the debt reduction rules contained in section 19 of the South African Income Tax Act, 1962 (the “Act”) and paragraph 12A of the Eighth Schedule to the Act now provide for the implications arising for a debtor where a debt owed to a creditor is waived, cancelled or capitalised by way of the issue of shares etc...

SARS Publishes Draft Rules for the Administration of the Carbon Tax
ENSafrica, August 2019

  Introduction On 30 April 2019, the South African Revenue Service (“SARS”) published draft rules, schedules and forms for the implementation of the carbon tax and provided details on the envisaged carbon tax administration, including the registration of clients, licensing of emissions facilities, carbon tax environmental levy accounting and the application of allowances as rebates...

Carbon Tax Becomes Law on 1 June 2019
ENSafrica, August 2019

  South African President Cyril Ramaphosa has signed into law the Carbon Tax Act, 2019, which comes into effect on 1 June 2019. With the passing of the carbon tax into law, a price on carbon emissions is now a reality for the South African economy.The impact of the legislation, along with complementary measures such as the national greenhouse gas emission reporting regulations, will have a transformative effect on the South African economy...

The QOZ Clock is Ticking
Dykema, August 2019

As the first of several deadlines under the Qualified Opportunity Zone (“QOZ”) program rapidly approaches, investors still on the sidelines are discovering that time is running out on the ability to take advantage of the full suite of tax benefits under the program. December 31, 2019 marks the last day in which investors may roll over capital gains into Qualified Opportunity Funds (“QOF”) and obtain a 15% reduction in the amount of the deferred gain...

Massachusetts Budget Update: Commonwealth Now Waiting on Governor Baker
Verrill, July 2019

On July 22, 2019, the Massachusetts House of Representatives (“House”) and Senate Conference Committee (“Conference Committee”) released the Commonwealth’s $43.1 billion fiscal year 2020 budget bill (“H. 4000”). It passed the House unanimously and the Senate by 39-1. H. 4000 now heads to Governor Charlie Baker...

Panama: Regulations Applicable to Tax Deductions from School Expenses
Morgan & Morgan, July 2019

Law 37 of June 5, 2018, adds line 9 to article 709 of the Fiscal Code, which is related to the annual income tax deductions to which natural persons are entitled, regarding school expenses incurred by the taxpayer with respect to their dependents. Additionally, Executive Decree 368 of December 26, 2018 and Resolution No. 201-1635 of May 13, 2019, establish the regulations applicable to the deduction of said expenses...

Ohio Lawmakers Decriminalize Hemp, Hemp Products
Dinsmore & Shohl LLP, July 2019

Legislation Aligns State and Federal Laws On July 17, 2019, Ohio lawmakers passed Senate Bill (S.B.) No. 57, which decriminalizes hemp and creates licensure programs for those wanting to cultivate or process hemp and hemp byproducts.  Ohio was one of the few states that did not update its statutes to align with federal regulations following the passage of the 2018 Farm Bill, which removed hemp as a controlled substance at the federal level...

Now that Many States Have Legalized Hemp and/or Marijuana, How You Can Comply with Labeling and Packaging Requirements?
Dinsmore & Shohl LLP, July 2019

For nearly the last 20 years, states have been legalizing hemp growth, production, and products.[1]  While hemp remained illegal federally and was included in the definition of marijuana under the Controlled Substance Act, numerous states began exploring the validity of hemp as a viable product.  Marijuana legislation was not far behind...

Illinois Municipalities Begin Debate on Recreational Cannabis Businesses
Dykema, July 2019

With the State of Illinois’ recent legalization of recreational cannabis, municipalities have started to debate whether to “opt in” to allow such businesses. While municipalities cannot prohibit the use of recreational cannabis, they can decide whether recreational cannabis businesses are allowed to operate within their boundaries. Local officials are just starting to consider the pros and cons of recreational cannabis businesses in their communities...

Governor Newsom Signs AB 97 to Extend Provisional Licenses and Add Enforcement and Organic Certification to California Cannabis Market
Hanson Bridgett LLP, July 2019

On July 1, Governor Newsom signed into law AB 97 with the intent to reduce the illicit cannabis market by bringing more people into the legal marketplace and to ensure that persons most harmed by cannabis criminalization be offered assistance to enter into the billion-dollar cannabis industry. Below is a summary of the most important aspects of AB 97...

Two Bites at the Same Apple—Supreme Court Rules Defendants Can Be Prosecuted by Federal and State Governments for the Same Crime
Dinsmore & Shohl LLP, July 2019

On June 17, the Supreme Court declined to overturn the Dual Sovereign Doctrine, maintaining individuals may be prosecuted under both federal and state law for the same criminal conduct. The Court’s decision was a loss for Petitioner Terance Martez Gamble, who had been prosecuted twice for illegal possession of a firearm, first in state court and then in federal court. In 2008, Gamble pleaded guilty to felony robbery in the state of Alabama...

 

 

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