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Karanovic & Partners | December 2016

The Competition Commission found that the company EPS Distribucija, the only operator of the electricity distribution network in Serbia, abused its dominant position in the market of electricity distribution in Serbia. The abuse consists of applying dissimilar conditions to equivalent transactions with trading parties, whereby some of those trading parties have been placed at a competitive disadvantage in comparison to their competitors ...

ENS | November 2016

On 1 July 2016, the Commissioner for the South African Revenue Service (“SARS”) released a draft notice (“DraftNotice”) of the duty to keep records, books of account or documents in terms of section 29 of the Tax Administration Act, 2011 (“TAA”) ...

ENS | November 2016

ENSafrica’s MOHS department recently represented AngloGold Ashanti Limited in a South African Labour Court case, which has culminated in a judgment that sets out important legal principles and requirements. These relate to the instructions issued by Inspectors of Mines in terms of section 54 of the Mine Health and Safety Act, 1996 (the “Act”) ...

ENS | November 2016

Introduction In the context of trusts situated in foreign participating jurisdictions, the Common Reporting Standards (“CRS”) require the trustees to identify the settlor, beneficiaries and other natural persons exercising ultimate effective control (including through a chain of ownership) and report the necessary financial information in respect of those persons to the relevant foreign revenue authority ...

DFDL | November 2016

The 2017 Law on Financial Management has yet to be formally enacted in Cambodia however its content has already been disseminated among most tax professionals and the press so with that in mind we have put together what we believe are the salient points of the draft Law on Financial Management (“the Draft Law”) for your reference. The Draft Law has been rubber stamped by the Council of Ministers and when enacted the changes should take effect from 1 January 2017 ...

ENS | November 2016

In the case of Claremont Library Development Company (Pty) Ltd v The Commissioner for the South African Revenue Service, the Tax Court recently considered the question of whether crediting a loan account constitutes “payment” of full consideration for purposes of the Value-Added Tax Act, No 89 of 1991 (the “VAT Act”) ...

ENS | November 2016

  Section 103(2) of the Income Tax Act, 58 of 1962 empowers the Commissioner (the “Commissioner”) for the South African Revenue Service (“SARS”) to disallow the setting off of an assessed loss or balance of an assessed loss against the company’s income if the relevant requirements are met ...

ALRUD Law Firm | November 2016

Maxim Alekseyev, ALRUD Senior Partner, and Kira Egorova, ALRUD Of Counsel, prepared an article for Trusts&Estates journal “Family Offices in Russia”. Trust&Estates is one of the most reputable journals for wealth management professionals serving the needs of high-net-worth clients and their families ...

Karanovic & Partners | October 2016

The Serbian Minister of Finance issued the Rulebook on the Manner and Procedure of Delivering and the Content of the Tax Administration's Notification on Commencement or Finalization of Tax Audit ("Rulebook"). Under the Rulebook, the Tax Administration ("TA") will start to deliver notifications on initiated tax audits of the legal entities and entrepreneurs to the Business Registers Agency ("BRA"). Notifications will be delivered once a day ...

Karanovic & Partners | October 2016

Latest news reports are informing us that the European Energy Community (EC) went back on their threats of suspending Serbia's membership, after a series of fruitful negotiations between EC's representatives and the Serbian Ministry of Energy. The agreement which allowed for this development stipulates that Serbia has accepted the plan of action regarding the restructuring of Srbijagas, at the same time complying with the requirements of the Third Energy Package ...

Shearn Delamore & Co. | October 2016

IN THIS ARTICLE, CHRISTOPHER TAY HANMIN BRIEFLY REVIEWS SOME OF THE OFFENCES UNDER THEGOODS AND SERVICES TAX ACT 2014("GST ACT").IntroductionOne of the most significant tax Acts to be introduced in the past 30 years is the GST Act which was gazetted on 19 June 2014 and has set 1 April 2015 as the effective date for the imposition of the Goods and Services Tax ("GST") ...

Karanovic & Partners | October 2016

Recent news bring us an update from the Energy Community (EC), whose latest report has outlined that Serbia has not resolved the key issue of non-compliance with the aquis – something that presents a continuous violation of obligations under the EC Treaty – by not completing the separation of Srbijagas and Yugorosgaz activities in accordance with the "Second Energy Package" ...

DFDL | October 2016

By way of -providing guidelines for implementing the Tax Law No.106/2016/QH13 (Law 106) effective from 1 July 2016, the government has issued Decree 100/2016/ND-CP (Decree 100) on 1 July 2016 and the Ministry of Finance has issued Official Letter 10315/BTC-TCT dated 25 July 2016 (OL 10315) and Circular 130/2016/TT-BTC dated 12 August 2016 (Circular 130) ...

Haynes and Boone, LLP | September 2016

In the past several years, the Consumer Product Safety Commission, the Department of Transportation, the Department of Agriculture, the Food and Drug Administration, and other government bodies have mandated recall of hundreds of products from the market.In some cases, companies have voluntarily recalled products due to their potential for risk of injury ...

ENS | September 2016

contingency fees VAT inclusive or exclusive The High Court, Gauteng Local Division, considered in a recent case (case No 2012/21359, 31 August 2016) whether an agreement in terms of which a legal practitioner charged contingency fees to a client under the Contingency Fees Act, No 66 of 1997 (the “CFA”), is valid ...

ENS | September 2016

Global Transfer Pricing Risk Management The realities of the business environment in which multinational groups operate today consist of a shrinking domestic market and an ongoing pressure to reduce costs. In addition, multinational groups are also faced with the different expectations of different stakeholders and the increased disclosure requirements of financial data ...

ENS | September 2016

No Looking Back for Section 13sex of the Income Tax Act   Various building allowances are available for both owners and lessees of buildings under the Income Tax Act, No. 58 of 1962 (the “Act”) for erecting buildings or for effecting improvements to buildings ...

ENS | September 2016

The Davis Tax Committee Issues Its Second Report on Estate Duty The Davis Tax Committee (“DTC”) released its much-anticipated second (and final) interim report (the “Report”) on estate duty on 24 August 2016. The Report has been published with amendments taking into account the public’s comments that were submitted in respect of the first interim report ...

ENS | September 2016

The South African Taxation of Trusts Recent Developments The Davis Tax Committee’s (“DTC”) first interim report was released in July 2015 (the “First Report”) and made various significant recommendations to the Minister of Finance regarding (among other topics) the taxation of trusts in South Africa ...

Plesner | September 2016

Dangro Invest A/S that has farm land investments in Poland has just been sold to an American pension fund. Plesner has advised Dangro Invest A/S's board of directors with respect to the transaction.Dangro Invest A/S was previously owned by 416 private shareholders, primarily Danish farmers, and over a number of years the company has built up a commercial plant cultivation business in Poland ...

Karanovic & Partners | September 2016

According to latest media reports, the governments of Serbia and Bulgaria have agreed on the formulation of a new memorandum for the task of building a gas pipeline between the two countries, during a recent meeting of the group for gas connections in Central and South East Europe that was held in Budapest ...

Karanovic & Partners | September 2016

An interesting trend can be noticed recently as the Serbian Tax Administration and Tax Police have raised their level of activity in conducting routine tax inspections in companies across the country ...

Karanovic & Partners | September 2016

Ever since Serbia’s Stabilisation andAssociation Agreement with the EU (‘SAA’) entered into force in September 2013, Serbian media have paidsignificant attention to the country’s obligations concerning the acquisitionof agricultural land by foreigners. The fear of one part of the public appearsto be that, due to the application of the SAA, large portions of Serbianagricultural land will be sold out to foreigners ...

Shepherd and Wedderburn LLP | September 2016

Farms run as a family business tend to follow a partnership structure. However there is often a reluctance to commit the terms of the partnership to paper or else to keep the terms of an existing agreement up to date. However ensuring that your Partnership Agreement is up to date and reflects your wishes is essential for succession and tax planning purposes.Partnership Agreements Farming businesses can use different business structures ...

ENS | September 2016

On 24 August 2016, the Davis Tax Committee (“DTC”) released its long-awaited report on estate duty, which was submitted to the South African Minister of Finance (“the Minister”) for consideration on 28 April 2016. The report takes into account public commentary and submissions received following the release of the committee’s first interim report ...

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