Among the many benefits of investing in a qualified opportunity fund (QOF) is the deferral of tax on current capital gains. Specifically, if an amount equivalent to a current capital gain is invested in a QOF within 180 days of the realization event, the tax generally will not come due until the earlier of the year in which the QOF investment is disposed of or 2026 ...
Section 3(e)(i) of the Subdivision of Agricultural Land Act (the Act) provides that agricultural land shall not be sold or advertised unless the Minister has consented to it in writing. There are currently conflicting judgements as to whether this provision applies to an option to purchase agricultural land ...
The recent ruling from Hålogaland Court of Appeal on 5 April 2024 involved a dispute concerning communication by email between the parties under a Norwegian standard building and civil engineering contract (NS 8405). This standard contract includes provisions addressing several duties with respect to timely formal communication in order to safeguard contractual rights ...
The supply of undeveloped (bare) land is exempt from value added tax (VAT) pursuant to Article 46 (3) of UAE Law No 8 of 2017. Bare land (as opposed to covered land) is defined as ‘land that is not covered by completed, partially completed buildings or civil engineering works’ pursuant to Article 44 of Cabinet Decision 52 of 2017 ...
The proposed amendments to the Act have now been issued by DBERR. They are due to progress through parliament this session, but the key question is are they as anticipated and do they cover the recommendations made for change? The answer is largely yes. Although some in the industry will argue that they do not go far enough, they are representative of the latest 2007 Consultation ...
When scoping a new development, sewerage and drainage may not be the first thing to spark everyone’s interest, but they are an essential component. Effective drainage is key to the functionality and success of any development. This article examines the legal position and regulations around drainage, with the aim of demystifying common queries and misconceptions ...
California Business and Professions Code Section 10083.2 requires the California Department of Real Estate (DRE) to provide information regarding the status of every DRE licensee on its website, including information regarding any disciplinary actions taken by the DRE against a licensee. The purpose of these disclosures is to ensure full transparency concerning information the DRE deems to present a "credible risk" to members of the public. The issue with Section 10083 ...
What’s happened? On 22 July 2022 Dubai Decree No. 22/2022 (the Decree) came into force with the purpose of encouraging further investment in the Dubai real estate market via the provision of various incentives and privileges aimed towards real estate investment funds ...
Dubai is a country built on tourism, renowned worldwide for its lavish hotels and luxurious resorts. Naturally construction and real estate are very popular sectors in such a country. When the recession hit the UAE, Dubai’s real estate industry suffered and investment declined at an alarming rate, leaving the country in a slump. In late 2009 it was revealed that Dubai had $20 billion worth of debt ...
Growth of the real estate industry in Panama in recent years is noticeable, not just locally but at a regional level as well. Iconic architectural works such as the Trump Tower, F&F Tower (popularly called the “Screw”) among others, attracts positive criticism from different actors in the business and associations in the construction, development and promotion of the real estate business. In part, real estate growth in Panama is due to the ease in the execution of real estate transactions ...
Traditionally, Dutch mortgage lenders have always found themselves in quite a good position in the event of their borrower and mortgagor becoming insolvent. As a firm general rule, it is fair to say that the position of a secured creditor is quite secure under Dutch law. Recent insolvency and COVID related regulations have, however, made some inroads into the Dutch secured lender’s stronghold ...
For many years, parties have created various legal tools to grant others the right to use a portion of their lands. Prior to the imposition of statutory controls on the subdivision and leasing of land, this could simply be accomplished by the property owner granting exclusive possession over a portion of their land to a tenant by way of a lease and everyone was happy. Everyone that is but the local and provincial governments ...
The fight against COVID-19 has had a serious impact on businesses across the nation, and the construction industry is no exception. May 1, 2020, marked a step toward a new normal as Michigan Governor Gretchen Whitmer signed Executive Order 2020-70 easing restrictions on construction projects. The Governor’s office also issued a press release explaining how the Order applies to work on construction projects ...
Last week the government issued the Economic Crime (Transparency and Enforcement) Bill. The bill looks set to become law later this month and it will have a significant impact on the process of overseas entities acquiring or disposing of land in the UK ...
There are a number of legal mechanisms that can improve the economics and liability of industrial and commercial development projects for developers willing to take advantage of them. This article will explore some of the incentives available to developers that will assist in maximizing profits and freeing-up capital that would otherwise be devoted to conventional construction or permanent loan financing. 1. Tax Incremental Financing Districts (“TIF’s”) ...
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to correct discrimination and harassment in the construction industry following a review of data that revealed the construction sector to be one of the most challenging areas in terms of discrimination and harassment cases ...
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More than two years on from the first work-from-home order of the Covid-19 pandemic, business leaders are still grappling with changes to working practices that one executive says could lead to a two-lane economy in which swathes of workers never return to the office ...
How can investors, developers and the public sector find value in an ever-changing environment? This was the big central question forming the basis for EG’s recent Scottish Cities Live event, of which Shoosmiths was a sponsor ...
1525, the year in which the city of San Salvador was founded under the orders of Pedro de Alvarado, in Las Bermudas Valley, a place located between the city of Suchitoto and the city of San Pedro Perulapan. At this moment, you may probably be thinking “Las Bermudas Valley? That place does not ring a bell to me, I thought that San Salvador was founded where our current historical city center is located.” The answer is both yes and no at the same time ...
An Eleventh Circuit panel has breathed new life into a long-running, $248 million False Claims Act (FCA) qui tam case, United States ex rel. Bibby v. Mortgage Investors Corp.,[1] reversing the district court’s grant of summary judgment for the defendants.[2] Materiality lay at the heart of the case, which involved allegations that the defendant finance companies misled the U.S ...
IT IS TRUE that established energy corridors attract additional utilities. Power line corridors may represent an attractive route for natural gas transmission lines, just as established natural gas lines often seem to attract additional natural gas pipelines thereafter. Landowners along these corridors may feel beleaguered as additional utilities are installed across their properties ...
This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. You’d think we had it all: beautiful open plan office spaces, meeting rooms with floor to ceiling glass walls, digital collaboration platforms, virtual meetings… ...
There has been a further decision considering the effectiveness of arrangements entered into by property owners for the purposes of mitigating the effect of the rates charged on empty properties. In an earlier article on Landlords' relief over empty rates ruling, we commented on the High Court decision of Makro Property Limited v Nuneaton Borough Council concerning the availability of empty rates relief ...
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 ...
