Introduction: As noted in our earlier article, foreign investors in Australian entities may be unaware that in some circumstances the Australian Taxation Office can assess them for tax on gains made from the disposal of their Australian investments. In particular, a foreign investor will be liable to Australian tax where they make a gain on the disposal of taxable Australian property ...
On October 31, 2014, the U.S. Environmental Protection Agency (EPA) finalized its approval for the State of Texas to issue greenhouse gas (GHG) permits for new and modified facilities. In response to legislation enacted in the 2013 Texas Legislative session, the Texas Commission on Environmental Quality (TCEQ) had submitted a state implementation plan to replace the existing federal program with TCEQ-issued GHG permits ...
More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. In response to citizen concerns, the Texas House Committee on Energy Resources created a Subcommittee on Seismic Activity, to investigate whether there was a link between earthquakes and increased oil and gas production and disposal wells ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act ...
Environmental laws should not be understood as a limit to economic growth and development but as a crucial part of economy: the wise use of natural resources means greater benefit from raw materials and lower costs for inputs. At the same time, the quality of life for Brazilian citizens should be enhanced by an effective program of environmental sustainability ...
Despite diminishing enforcement budgets for state and federal agencies, a combination of technological and regulatory developments could significantly increase risk of enforcement activity in coming months and years. In particular, EPA is actively pursuing three key enforcement initiatives that will boost the likelihood that companies will face enforcement actions under the Clean Air Act ...
The approval of amendments to the Tax Code and the creation of new taxes have caused upset and criticism among business sectors in El Salvador, accusations that they will affect competitiveness and a better economic performance, and lead to an increased cost of living ...
Those words were written nearly a decade ago and described, in brief, the complicated and confusing legal world of wills, estates and succession. The Report from which that quote comes recommended a wholesale overhaul of this area of the law. The B.C. Legislature, various interest groups and the legal community have been working on such a revision to this area of the law since ...
Recently, there have been indications that the Israel Tax Authority (the "ITA") is strengthening its ties with foreign tax authorities and banks in order to obtain information on Israelis who hold unreported bank accounts overseas ...
Those who build wind turbines are obliged to compensate their neighbours for noise pollution, visual interference and other disadvantages of the turbines. The issue of compensation is usually settled before the wind turbines are erected, and the amount does not necessarily reflect the actual noise levels or indeed the reductions in property value that usually accompany the erection of the turbines ...
The World Pension Summit (Africa), first of its kind in Africa, was hosted in Abuja on 7 and 8 July 2014. The summit focused on African developments in the pension industry and coincided with the 10th anniversary of the pension reform in Nigeria that led to the enactment of the Pension Reform Act No 2 of 2004 (“the 2004 Act”) ...
Under the provisions of the Tax Administration Act, the Commissioner: South African Revenue Service (‘SARS’) is entitled to request that a taxpayer submits relevant material that SARS requires in terms of section 46 of the Tax Administration Act No. 28 of 2011 (‘TAA’). Section 1 of the TAA in turn defines ‘relevant material’ as meaning: “any information, document or thing that is foreseeably relevant for the administration of a Tax Act as referred to in section 3 ...
The implications of FATCA in South Africa (written exclusively for Bloomberg BNA, Tax Planning International, European Tax Service, volume 16, number 7, July 2014) Written by Hanneke Farrand, director, and Caroline Rogers, senior associate, both in the tax department at ENSafrica. I. Background The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 by the USto target non-compliance by US taxpayers using foreign accounts ...
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to understand risk before accepting it. THE FACTSBelow I relate the facts of the case in detail because they are key to understanding the conclusions to be drawn from what happened ...
On 3 August 2014, Law of Ukraine "On Amending the Tax Code of Ukraine and Certain Other Legislative Acts of Ukraine" No. 1621-VII which was adopted on 31 July 2014 for creating conditions to increase financial inflow into the state budget (the "Law"), came into force. Implementation of the proposed regulations will provide a possibility to boost in 2014 the resources of Ukraine's unified budget for nearly UAH 10.3 bn ...
On 25 July 2014, Cyprus signed and ratified an Agreement for the avoidance of double taxation with the Swiss Confederation, with respect to Taxes on Income and on Capital, as well as the relevant Protocol. The Agreement will contribute to the further development of trade and economic relations between Cyprus and the Swiss Confederation, as well as other countries ...
It is no hidden secret that unemployment in South Africa remains considerably high. According to the World Economic Forum Global Risk 2014 Report, structural unemployment and underemployment appears second overall in the Ten Global Risks of Highest Concern as many people in both advanced and emerging economies struggle to find jobs. The youth and minorities are especially vulnerable ...
Foreign investors in Australian entities may be unaware that in some circumstances the Australian Taxation Office (ATO) can assess them for Australian tax on gains made from the sale of their investment. The circumstances in which tax can arise are described in this article. In addition, law changes are proposed which (amongst other matters) would, from 1 July 2016, require purchasers to withhold 10% from the purchase price and pay that to the ATO in some circumstances ...
A Taxpayers’ Charter setting out the rights and obligations of taxpayers in South Africa was published for the first time during 1997. That Charter contained a statement of intent insofar as taxpayers’ rights in South Africa is concerned. On 19 October 2005 the SARS Client Service Charter was released setting out the levels of service that taxpayers could expect in their dealings with the South African Revenue Service (‘SARS’) ...
Possession, as they say, is nine tenths of the law. Generally in commercial litigation where, for example, a claim for an outstanding amount is brought against a party, such party is not required to make payment to the claimant until a court has adjudicated on the matter. However, when it comes to matters of tax, the Tax Administration Act, No ...