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ENS | March 2018

The South African tax provisions applicable to real estate investment trusts (“REITs”) were introduced by way of the insertion of section 25BB of the Income Tax Act, 1962 (the “Act”), as well as consequential insertions in various sections of the Act during 2013. These provisions relating to REITs have been subject to various changes and refinements over time in order to resolve various issues and legislative anomalies ...

ENS | March 2018

Surviving the transition to a 15% VAT rate   The South African Minister of Finance, Malusi Gigaba, tabled the 2018/19 Budget in Parliament on Wednesday, 21 February 2018. Government announced a lower than predicted 1% increase in the value-added tax (“VAT”) rate from the current 14% to 15% with effect from 1 April 2018 ...

Hanson Bridgett LLP | March 2018

Alvarado v. Dart  Container Corporation, Case No. S232607 (Cal. Sup. Ct, March 5, 2018)  On March 5, 2018, the California Supreme Court issued its long awaited overtime calculation decision in Alvarado v. Dart  Container Corporation, Case No. S232607 (March 5, 2018). The specific question before the Court was "how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period ...

TSMP Law Corporation | March 2018

With collective sales on the rise again, it is timely to examine factors that challenge such deals in the current cycle. It was a saga worthy of a soap opera. In 2007, Horizon Towers was on the verge of breaking the then en bloc price record when, over a period of more than two years and several flip-flopping court and Strata Titles Board (STB) decisions, minority owners eventually blocked the transaction ...

Insolvency that stems from the obligations assumed by a joint venture may concern any of the associates. Such proceeding, especially when it has an international dimension, requires a broader perspective on some of the requirements set forth by law with respect to the initiation and application of the proceeding. Through its effects on the debtor, creditors and on the socioeconomic environment in general, insolvency is more than a mere legal procedure ...

Haynes and Boone, LLP | February 2018

On 7 February 2018, a new specialist International Chamber within the Paris Court of Appeal was launched by the French Ministry of Justice together with the Paris Bar Association. The chamber is intended to deal with international commercial matters governed by French as well as foreign law, and the use of English as well as certain common law procedures will be permitted ...

Alta QIL+4 ABOGADOS | February 2018

Neutrality is a basic concept in tax policy which establishes that a tax system should not interfere in the decision-making process, so that the decision should be taken based on its economic merits and not in its tax implications. Of course, this is not an absolute principle because it is understood that absolute neutrality is impossible to achieve ...

Hanson Bridgett LLP | February 2018

Given the housing crisis, the city has enacted regulations that attempt to force a property owner to legalize an illegal unit, unless the owner can prove certain things to the satisfaction of San Francisco Planning Staff or the San Francisco Planning Commission. Long gone are the days in which an unhappy tenant or neighbor will report an illegal unit to the city and the city will fine the owner unless the illegal unit is removed ...

1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction? The Philippine legal system is primarily a civil law system, although it may be considered a mixed regime consisting of both civil andcommon law traditions. Civil procedure is governed primarily bythe 1997 Rules of Civil Procedure, or Rules 1 to 71 of the Rules of Court (“ROC”), and various issuances promulgated by the Supreme Court. 1 ...

Dinsmore & Shohl LLP | February 2018

On December 22, 2017, the president signed into law the Tax Cuts and Jobs Act (the Act).  Effective Jan. 1, 2018, the Act represents the first major overhaul of the Internal Revenue Code in over 30 years ...

Haynes and Boone, LLP | February 2018

As we described in our client alert dated September 14, 2016, in the aftermath of the real estate downturn from 1989 to 1993, when real estate mortgage lenders began to contemplate making new mortgage loans, they sought to create new legal structures to prevent their prospective borrowers from filing for Chapter 11, and to ameliorate the adverse consequences, if such a filing were to occur. One such structure is a device commonly referred to as the “Golden Share ...

Karanovic & Partners | February 2018

New Amendments to Serbian Tax Laws Views Karanović & Nikolić At the end of 2017, the Serbian Parliament passed amendments to Serbian tax laws, including the Law on Personal Income Tax (PIT Law), the Law on Contributions on Mandatory Social Insurance (CMSI Law), the Law on Corporate Income Tax (CIT Law), and the Law on Value Added Tax (VAT Law). These amendments introduce tax relief for salaries paid to employees in newly incorporated legal entities ...

ENS | January 2018

Since 1 January 2013, section 19 of the Income Tax Act, 1962 (the “Act”) and paragraph 12A of the Eighth Schedule to the Act (the “Eighth Schedule”) have determined the tax implications where a debt owing by a taxpayer is cancelled, waived, forgiven or discharged for no consideration (or for consideration that is less than the amount of the debt) ...

ENS | January 2018

The recent end of the value-added tax (“VAT”) relief period for property developers in South Africa, who temporarily let their residential units, may have a significant impact on their cash flow.  BackgroundOrdinarily, property developers acquire or develop fixed property (including residential properties) for the purpose of resale ...

Dinsmore & Shohl LLP | January 2018

After Atlanta-based developer, Carter USA, pulled out as the master developer of the Banks Project along Cincinnati’s riverfront, the project effectively stalled.  However, the Joint Banks Steering Committee (JBSC), charged with offering recommendations with respect to this project, reconvened January 23, 2018 to take two actions ...

Karanovic & Partners | January 2018

With the aim of breathing a bit of fresh air into the Slovenian construction legislation, three new laws have been adopted recently and will be applied with effect from 1 July 2018. The current Construction Act will be replaced with both the new Building Act and the Architectural and Civil Engineering Activities Act, while the current Spatial Management Act will also be subject to certain amendments ...

Hanson Bridgett LLP | January 2018

Under the Affordable Care Act (“ACA”), large employers (generally those with 50 or more full-time employees or full-time equivalents) must report annually to the IRS information about the health coverage offered to their full-time employees during the prior year using IRS Form 1095-C. The IRS uses the forms to assess whether an employer "shared responsibility" penalty applies. Employers also must provide copies of the forms to their full-time employees ...

Karanovic & Partners | January 2018

In recent months the Serbian Parliament passed amendments to Serbian tax laws, including the Law on Personal Income Tax (PIT Law), the Law on Contributions on Mandatory Social Insurance (CMSI Law), the Law on Corporate Income Tax (CIT Law), and the Law on Value Added Tax (VAT Law). These amendments introduce tax relief for salaries paid to employees in newly incorporated legal entities ...

Hanson Bridgett LLP | January 2018

This is a reminder to all corporations whose employees or former employees exercised an incentive stock option or made a purchase under the corporation's employee stock purchase plan (ESPP) in 2017 ...

ENS | January 2018

On 14 December 2017, the South African National Treasury published a Draft Carbon Tax Bill (the “Bill”) for public comment, with the comment period commencing immediately and continuing until 9 March 2018 ...

Dinsmore & Shohl LLP | January 2018

The 2017 tax reform act referred to as the Tax Cuts and Jobs Act (Act) was signed into law Dec. 22, 2017. The law affects executive compensation and employee benefits in several ways. This alert provides a brief overview of some of the changes. Executive Compensation New private company deferral opportunity for qualified stock awards. The Act contains new Internal Revenue Code Section 83(i), which provides a deferral opportunity for non-executive employees of privately held companies ...

Hanson Bridgett LLP | January 2018

In case you have been in a coma, major tax changes to the Internal Revenue Code were passed in December 2017. See Pub. L. 115-97 (115th Cong., 1st Sess.). Those changes make it much more attractive (from a tax perspective) to arrange one’s affairs like a business owner. Broadly speaking, the new tax law changed the landscape so that many business owners will now benefit from dramatically lower tax rates (e.g., the corporate rate has not been this low since 1939) ...

Afridi & Angell | January 2018

The UAE Ministry of Finance released Cabinet decision No. 59 specifying all Designated Zones be effective the begining of 2018 for the purposes of implementing the Designated Zone provisions in Federal Decree Law No 8 on Value Added Tax. The Cabinet has the authority to amend the list of Designated Zones as required ...

Haynes and Boone, LLP | January 2018

On January 8, 2018, the U.S. Court of Appeals for the Federal Circuit issued itsen bancdecision inWi-Fi One, LLC v. Broadcom Corp., Appeal 2015-1944 (Fed. Cir. Jan. 8, 2018) (en banc) holding that Patent Trial and Appeal Board (“PTAB”) time-bar determinations under 35 U.S.C. § 315(b) in aninter partesreview (“IPR”) proceeding are appealable. Theen bancdecision overrules a panel’s earlier decision inAchates Reference Publishing Inc. v. Apple Inc.803 F ...

Haynes and Boone, LLP | January 2018

The tax reform bill passed by Congress at the end of 2017 significantly reduces the number of taxpayers whose families will pay gift tax or estate tax, but it comes with an “expiration date” of December 31, 2025. Prior to the Tax Cuts and Jobs Act (the Act), an individual could transfer up to $5,490,000 ($10,980,000 for a married couple) without paying estate, gift, or generation-skipping transfer (GST) taxes ...

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