The new double tax treaty between Belgium and the Netherlands will introduce significant changes compared to the current Article 5 on permanent establishments. Due to the positions of Belgium and the Netherlands to the Multilateral Instrument (MLI), only the anti-fragmentation rule is applied under the current treaty. Under the new treaty, alignment is sought and found with the other changes proposed by the MLI for permanent establishments ...
On 23 June 2023, the Bureau of Internal Revenue (BIR) issued Revenue Memorandum Circular (RMC) No. 71-2023 and Revenue Memorandum Order (RMO) No. 23-2023 to provide streamlined guidelines and the prescribed documentary requirements for the processing of value added tax (VAT) refund applications. The following significant amendments were introduced to the existing regulations outlined in this article ...
Recently, the General Directorate of Customs (DGA), under the provisions of art 440 of the Regulation of the Uniform Central American Customs Code (RECAUCA), has modified the period of stay for vehicles owned by foreign tourists, Salvadorans residing abroad, and Salvadoran students residing abroad ...
The New York State Education Department (“SED”) has proposed an amendment to Title 8, Section 3.59 of the Rules of the Board of Regents that would clarify how a New York State institution of higher education (an “IHE”) might enter into certain corporate relationships with a “highly qualified out-of-state institution ...
In preparation for H-1B CAP Registration season, the Department of Homeland Security (DHS) has issued a final rule that limits each foreign worker to one entry into the H-1B lottery system. The H-1B Registration process had previously required companies, or other petitioners, to register with the U.S. Citizenship and Immigration Service (USCIS) and submit their requests for the individuals they sought to sponsor as part of the H-1B process ...
By: Leah Lively and Alexandra Shulman The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things, the rounding is conducted in a neutral manner and, if any favor is shown, it benefits the employee. For example, using rounding, if an associate clocked in any time from 7:53 a.m. to 8:07 a.m ...
The use of cryptocurrency or crypto assets in employee incentive arrangements is a relatively new and evolving area and it is therefore important to carefully consider the potential advantages and disadvantages of their use in incentive arrangements. Different types of crypto assets Crypto assets can take many forms including digital currency such as Bitcoin and Litecoin and NFTs (non-fungible tokens) such as art NFTs and collectible real estate NFTs ...
The year 2023 was marked by the further strengthening of control over transactions involving the sale of Russian assets owned by “unfriendly” foreign entities, as well as over Russian strategic companies. As for antimonopoly regulation, after several years of discussions and revisions, the fifth antimonopoly package was adopted, and a number of precedent-setting cases were considered. Please see below for more details about the key developments and highlights of 2023. 1 ...
Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...
The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals. The issue came to the Texas Supreme Court on a certified question from the 5th Circuit and considers the practical effect of the Texas Legislature’s 2017 amendments to the Texas Prompt Payment of Claims Act, Chapter 542, Insurance Code ...
Last year, the UK Government announced increases in fees for immigration and nationality applications as well as priority processing services which took effect from 4 October 2023. As mentioned in our previous article, these increases are substantial and likely to have a significant financial impact for applicants and their sponsors. In addition, the UK Government are increasing the Immigration Health Surcharge shortly on 6 February 2024 ...
A report published on 25 January 2024 by the Competition and Markets Authority (CMA) reaches the conclusion that contrary to the situation in the USA, aggregate employer market power has not increased in the UK in recent decades. Economic theory identifies that where employer market power is high (typically because in an area there are only a few major employers and limited other choices for workers), the workers are paid less, employers employ fewer workers and production output is lower ...
The last installment of our three-part series explains U.S. tax considerations of a divided interest strategy for the bare owner who is a U.S. person. In most situations involving global families, it is the bare owner, rather than the holder of the usufruct, who is a U.S. person. The usufruct holder is often a nonresident alien who puts in place the property division for foreign estate planning purposes. In many instances, one or more members of the younger generation move to the United States ...
In the latest contribution to the debate on the UK's approach to AI regulation, the Lords Communications and Digital Committee has published a report urging the government to adopt a 'more positive' vision for AI, rather than concentrating on its "far-off and improbable" risks ...
In December, the Government published MSL Regulations, together with guidance, specifying the minimum number of workers needed to operate public services in times of strike action; for more detail, please see our recent article. With the dispute between the ASLEF train drivers’ union and UK train operators still ongoing, industrial action has now been announced to take place between 30 January and 5 February, with significant disruption expected ...
In the third instalment of our series, we consider the practical elements of the ‘workcation’ concept. As we have seen, working elsewhere may seem like an attractive proposition to employees. They will undoubtedly be keen to take advantage of the opportunity to save precious annual leave entitlement, but it is important an employer sets some ground rules ...
Background On 20 June 2023 the Norwegian government made a proposal to amend Norwegian law by introducing regulation on gender balance for the board of directors in large and mid-sized private limited liability companies (Nw. aksjeselskaper), as well as certain partnerships, cooperatives and foundations. Previously, such requirements only applied to public limited liability companies, and the purpose of the proposal is, inter alia, to increase the proportion of women in Norwegian board rooms ...
This week, U.S. Citizenship and Immigration Services (“USCIS”) announced a new fee schedule that is slated to go into effect on April 1, 2024. Although it has been seven years since the last comprehensive fee increase, the new fees represent a substantial increase across several different forms and case types. Notable fee increases include: I-129 Petition for H1B nonimmigrant workers increases from the current level of $460 to $780 ...
In the plenary session of December 6, 2023, the Legislative Assembly of El Salvador approved a series of new reforms to the Commercial Code to implement certain provisions with innovative elements to facilitate business in the country, boost the economy, and contribute to economic growth. All of this is achieved through the modernization of commercial legislation, adapting it to the current dynamics of national and international trade, and leveraging technological advances to achieve this goal ...
The Home Office has published a timeline for the implementation of measures to reduce net migration over the next 2 months. 6 February 2024 Immigration Health Surcharge will increase by 66% to £1,035 per year: Update: Confirmed date for increase to Immigration Health Surcharge (shoosmiths.com). 11 March 2024 Care workers and senior care workers will no longer be able to bring dependants ...
