There have been several significant U.S.-China trade developments in June. Notably, the Office of the U.S. Trade Representative (USTR) issued procedures for seeking an exclusion for parties adversely affected by the increased 25 percent tariffs on $200 billion of goods imported from China that came into effect on May 10, 2019 (List 3). The USTR also extended by two weeks the entry deadline to avoid this increased List 3 25 percent tariff ...
On July 2, 2019, the PTO announced it will implement a rule requiring U.S. counsel for foreign-domiciled trademark applicants and registrants. The new rule is effective August 3, 2019, and applies to all trademark owners with a foreign address. We discussed the rule in ourFebruary Alert. For any new filings after the effective date, licensed U.S. counsel must be designated ...
Under Dutch corporate law it is possible for the Enterprise Section of the Amsterdam Court of Appeal to order an inquiry into the policies and affairs of a company and to interfere with the internal organization of such legal entity in order to settle corporate disputes between shareholders, the management and supervisory boards and the works council. The present article creates an overview of these legal proceedings. 1 ...
Although a trust is a valuable financial, tax and estate planning tool, does it allow one to ?shelter? some assets from the public order rules which apply in the context of family law?What is a trust?A trust is a legal disposition which allows a person to transfer the ownership of one or more of his or her assets to a trust for the trust to administer such assets for the benefit of one or more beneficiaries ...
A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union. Is broader protection better? A Community trade mark (CTM) confers protection in all 27 EU member states ...
On 2 December 2004, the U.S. Securities and Exchange Commission (SEC) published a new rule and rule amendments under the Investment Advisers Act of 1940 (IAA), with significant implications for hedge fund advisers within and outside the U.S. The new rules require investment advisers to “look through” the funds they manage and count investors in the funds as clients for the purpose of determining whether an adviser is exempt from registration under the “private adviser exemption” ...
U.S. Treasury Secretary Steven Mnuchin announced Friday on Twitter that the U.S. will extend the tax filing deadline of April 15, 2020 for 2019 individual and business tax returns until July 15, 2020. Earlier this week, the Internal Revenue Service announced that the payment deadline for any 2019 individual income tax due, including 2020 first quarter estimated payments due April 15, 2020, was deferred until July 15, 2020 ...
These days many US businesses are looking north to Canada for new markets. This paper discusses when a US business needs to worry about the Canadian tax system. The short answer comes from some of the oldest provisions in the Income Tax Act. US businesses need to worry about Canadian tax when they have a physical presence in Canada. To read this paper, click here. For more information please contact Len Glass at [email protected] or 604.631.9140 ...
With the U.S. economy not as robust as it once was, it seems that Americans are currently more interested in selling their Canadian assets, particularly recreational property, than buying Canadian assets. It is therefore useful to consider the issues that arise when a U.S. person sells Canadian real estate. The following points are relevant: The U.S ...
The most recent edition of Federal Register, which appeared earlier this month, announces the removal of the United Arab Emirates from the list maintained by the US Department of Treasury of countries that observe the Arab League Boycott of Israel. This fact will substantially ease compliance burdens for American businesses operating in the UAE, although it does not eliminate the compliance burdens entirely. The United States never supported the Arab League Boycott of Israel ...
Introduction Last week, the Office of the United States Trade Representative (USTR) announced that American Institute in Taiwan (AIT) and Taipei Economic and Cultural Representative Office in the United States (TECRO) had concluded the negotiation of the first trade agreement under the U.S.-Taiwan Initiative on 21st Century Trade.1 This is the first bilateral trade agreement since the promulgation of the Taiwan Relations Act in 1979 ...
Order in Council no. 292/2011, published on 8 November, updated the list of countries, territories and regions with clearly more favourable privileged tax regimes ( known as ‘tax havens’) appearing in the earlier Order in Council no. 150/2004 of 13 February. It also excluded from the list two countries that are members of the European Union (EU): Cyprus and Luxembourg ...
On March 20, 2020, the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL) jointly issued guidance regarding the tax credits available to certain small employers who are required to provide new types of paid leave to employees under the Families First Coronavirus Response Act (Act), enacted on March 18, 2020 ...
Texas has now joined the growing ranks of states that have passed laws aimed at increasing tax collection from online retail transactions. Although Governor Rick Perry vetoed an earlier bill (H.B. 2403) providing that out-of-state retailers that have relationships with certain Texas “affiliated” entities will be deemed to be doing business in Texas for purposes of the sales and use tax, language virtually identical to that found in H.B. 2403 is included in S.B ...
The government has started to announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, it now allows business trips for foreigners to the Czech Republic, in respect of which business people were mounting pressure therefore. However, it set out a number of conditions and rules, which are further modified. The original Government Crisis Measure No. 443 was repealed on 1 May 2020 and replaced by Government Crisis Measure No. 495 ...
On August 8, 2023 the President of the Russian Federation signed and published new Decree 'On suspension by the Russian Federation of certain provisions of the Double Tax Treaties' No. 585 (the “Decree No. 585”) ...
When it comes to the general transfer of data to third countries, even, for example, intra-group data transfers, recourse to US providers such as Microsoft (Office 365), Amazon (AWS), Google or Salesforce has been ill-fated since the ECJ ruling of July 16, 2020 (C-311/18 “Schrems II”) ...
February 17, 2023 By: Alexander Davis and Manuel Fishman Update This article is partly a republication of a Client Alert that was issued on December 6, 2022 titled “San Francisco’s Commercial Vacancy Tax.” Readers who have already read the original article can simply read ahead to the sections labeled “Update.” Commercial Vacancy Tax In March 2020, the voters of San Francisco approved Proposition D, also known as the Commercial Vacancy Tax ...
The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of. Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always up to date with any changes in this area. At present, employers must ask new recruits for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP) ...
This fall, an outbreak of lung illnesses allegedly related to vaping ignited public hysteria and legislative reactions in many states. The vaping and cannabis industries are already paying, and will continue to pay, high reputational and policy costs associated with these events, and the industries should also be aware that the widespread nature of reported injuries could lead to a substantial amount of costly mass tort litigation ...
In terms of section 222(1) of the South African Tax Administration Act, 2011 (the “TAA”), “[i]n the event of an ‘understatement’ by a taxpayer, the taxpayer must pay, in addition to the ‘tax’ payable for the relevant tax period, the understatement penalty determined under subsection (2) unless the ‘understatement’ results from a bona fide inadvertent error” (our emphasis) ...
South Africa is in lockdown in the face of the coronavirus (COVID-19) outbreak, and although we aren’t able to meet face-to-face over this period, we know how important it is to stay in touch, and we will continue to keep you up-to-date on recent tax developments. In this regard, it feels like a lifetime ago that the South African Minister of Finance delivered his 2020 Budget Speech on 26 February 2020 ...
