A new set of regulations regulating the grant of a temporary emphyteutical concession to the emphyteuta, tenant or operator of Government-owned commercial property came into force on 4th June 2024 in virtue of Legal Notice 131 of 2024 (the “Regulations”) ...
Several countries have already introduced the concept of “temporary non-residents” into their tax orders, thus enabling them to lay down special rules regarding the taxation of income received by those who are habitually resident in these countries, but take up residence in another country for a certain period – which as a rule does not exceed 5 years and is very often a result of secondment - and subsequently return to their former country of residence ...
The transitional period linked to the Covid-19 pandemic ends on 30 June 2023. As a result, the social security thresholds for teleworking come into effect again, with all the obligations and administrative formalities that this entails. However, some cross-border teleworkers and their employers will be subject to new rules under the new European telework framework agreement_ signed by Luxembourg on 5 June 2023. 1 ...
At Mobile World Congress in Barcelona this year, leaders from the telecoms sector gathered to discuss pressing issues, conduct business - and launch their latest products. A consistent message heard from those in Barcelona is that there is a rapidly approaching 'data capacity crunch' and that major investment in telecoms infrastructure is needed. The Teleport chief executive has estimated that, globally, mobile network operators will need to invest $1 ...
The Court of Appeal has partially clarified a significant loophole in the Telecoms Code, which was threatening to prevent the redevelopment of some telecommunications sites. The previous iteration of the Telecoms Code was infamously labelled ‘not one of parliament’s better drafting efforts’ by the High Court ...
1 Framework 1.1 When did Germany first liberalise telecommunications networks and/or services? In 1989 the markets for telecommunications end-user devices, data and value added services, satellite and mobile communications were liberalised. The first mobile communications licence was awarded to a private entity in 1989 (Mannesmann Mobilfunk, now Vodafone) ...
In the current context of COVID-19 epidemic, President of Romania issued Decree No. 195/2020 on the declaration of the state of emergency on the territory of Romania,published in the Official Journal of Romania, Part I, No. 212/16.03.2020 (the “Decree”), with effect for a period of 30 days as of its publication, which can be further extended ...
With the steady emergence of new technologies and disruption of traditional industries, the technology M&A sector is poised to continue to grow and the demand for technology-savvy legal advisers is set to rise. The purpose of this edition of the Getting the Deal Through - Technology M&A 2021 guide is to provide an overview of the various factors affecting technology M&A transactions across various jurisdictions ...
The high cost threshold system or public procurement: The Swedish pharmaceutical subsidy system is based on a high cost threshold system for consumer products such as prescription medicines sold to end consumers via pharmacies. The relatively generous system also includes some medical devices; certain consumption articles prescribed for self-care use are included, as these in practice for the patient are considered to fulfill a similar function to prescription medicines ...
Any new technology that gains universal application changes the existing world. The reconfiguration occurs imperceptibly but thoroughly. But in this new reality, how should the rule of law, values essential to the civil society and human rights be protected? A new economic reality functioning in cyberspace has arisen before our very eyes. Human activity, both positive and negative, is moving to the virtual arena that functions above and beyond state borders ...
This time we address solutions from the front lines: devices for remote diagnostics which can improve effective detection of the coronavirus and also unburden the health service in other areas. These solutions can also serve as aproving ground for the regulatory approach to oversight of algorithms. The immediate inspiration for writing this text was asolution from the company StethoMe presented at the DemoDay organised by the MIT Enterprise Forum CEE ...
Tech Nation is a government-backed organisation which has supported digital-tech start-ups and scale-ups as well as offering global talent visa endorsement for over a decade. At the end of January, it announced its closure, effective from 31 March 2023. Tech Nation received its core grant funding from the Department for Culture, Media and Sport (DCMS), but this funding will now be awarded to Barclays Bank ...
Exclusion and limitation clauses are central to any IT or technology contract. When a dispute arises exclusions and limitations of liability are invariably key to determining whether there is liability and the extent of it. When a dispute arises exclusions and limitations of liability are very often key to determining whether there is liability, and the extent of it ...
Employment cases involving teachers can involve particularly nuanced considerations for schools. It is not easy to balance safeguarding duties with employment law obligations. We look at a recent case which highlights this very issue. The welfare and safety of children is at the heart of every educational establishment’s ethos, but balancing safeguarding duties with the legal rights of teachers can present difficulties ...
The Technology and Construction Court (TCC) in Quadro Services Ltd v Creagh Concrete Products Ltd [2021] EWHC 2637 (TCC) held that a claim referred to adjudication with three separate payment applications was still considered a single dispute for the purposes of adjudication. The adjudicator therefore did have jurisdiction to consider all three payment applications to determine the sum due, and the adjudicator’s decision was enforced ...
The Technology and Construction Court in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) held that an Adjudicator’s decision not to consider a line of defence was a breach of natural justice and was not enforceable, nor could part of the decision be severed. The case also contained interesting commentary as to the ‘intent’ behind the issuing of a payment notice, and how this may affect the validity of the notice ...
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 ...
As part of its continuing efforts to develop legislation regarding the taxation of non-Israeli persons providing digital services in Israel, the Israel Tax Authority recently published a proposed amendment to the Value Added Tax Law (the “Proposed Amendment”) ...
Since we are in the season for the distribution of dividends, it is not without use to review and update, our last charter on this issue. It shall be recalled that in 2005 the Portuguese tax system streamlined its rules for the taxation of dividends, by harmonising rates which previously varied in accordance to the nature of the recipient of the dividends ...
Recently, in 2005, the Portuguese tax system streamlined its rules for the taxation of dividends, by harmonising rates which previously varied in accordance to the nature of the recipient of the dividends. This, along with the introduction of some provisions aimed at dealing with schemes that used exempt entities to evade tax, helped to turn the taxation of dividends more coherent and simple ...
We've become familiar with the Met Office issuing “traffic light” warnings about potentially disruptive weather. Couples contemplating divorce or separation could face similarly rough going when it comes to their tax affairs, especially Capital Gains Tax (CGT) when property or a business is involved. The alert level right now would be considered “amber” - think before you separate as you might not be able to complete a settlement in time for this tax year ...
Treaties with Luxembourg and the Republic of Korea RatifiedSerbian Parliament ratified the double tax treaty with Luxembourg which was discussed in our recently published tax alert. If Luxembourg follow suit and ratifies the treaty this year it is likely that the treaty will be applicable from 1 January 2017.Parliament also ratified the double tax treaty with the Republic of Korea, signed in January this year. The treaty is based on the standard OECD Model Tax Convention ...
The EU is introducing an additional level of transparency in order to enhance the means tax authorities can use to detect potentially aggressive tax arrangements. In this light, EU Directive 2018/822/EU (hereinafter the “DAC 6”) imposes mandatory reporting of cross-border arrangements, affecting at least one EU Member State, that fall within one of a number of “hallmarks” ...
On 27 April 2023, the ECJ (Case C-537/20) ruled that Article 63 of the Treaty on the Functioning of the European Union (the “TFEU”) must be interpreted as “precluding legislation of a Member State which makes non-resident specialised property funds partially liable to corporate income tax in respect of the income from property which they receive in the territory of that Member State, whereas resident specialised property funds are exempted from that tax” ...
