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Practice Industry: Real Estate & Construction, Taxation
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Shoosmiths LLP | November 2009

At the same time, the effective rate of tax on dividends for high earners will rise from 25% to 36%. No changes are currently proposed to the rate of capital gains tax which means it will remain at 18%. However, both main parties have now admitted that further tax increases are likely. With the gap between income tax and capital gains being a massive 32%, it seems unlikely that the current generous rate of capital gains tax will remain in place ...

Shoosmiths LLP | November 2009

When a company goes into administration, a statutory moratorium takes effect to help the administrators achieve the objectives of the administration. Amongst other things this means that no legal process can be started or continued against the company without the consent of the administrators or the court ...

ALRUD Law Firm | November 2009

On October 7, 2009 the State Duma of the Russian Federation adopted in the first reading the draft of the Federal law on amending legislation regarding land plots ...

PLMJ | November 2009

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 ...

Introduction On 2 October the UK's Competition Commission re-iterated its recommendation to the Government and the devolved administrations that they should take the necessary steps to introduce a competition test in planning decisions involving large grocery developments ...

Whether you are a sceptic, a convert or a believer, there is undoubtedly compelling scientific evidence of global warming, and that climate change is upon us. Legislation enacted by both Westminster and Holyrood sets challenging targets for the reduction of greenhouse gas emissions over the next decades. The carbon footprint of buildings is responsible for around 50% of greenhouse gas emissions in the UK ...

MinterEllison | September 2009

Introduction   The term 'climate change' is now common parlance, but what role does green building play within the broader climate change picture?  Well, emissions regulations post Kyoto are imminent and buildings are able to offer cost effective emissions cuts – there is therefore a possibility that the building sector may eventually be hit with emissions caps ...

Lavery Lawyers | September 2009

The Letter of Intent: Beyond the Words, the Intent and Conduct of the PartiesModifying a Trust Deed: It Is Not So Simple!Maximizing the Use of Post-merger Losses THE LETTER OF INTENT: BEYOND THE WORDS, THE INTENT AND CONDUCT OF THE PARTIESPatrice [email protected] letter of intent often constitutes the first document that the parties sign in view of entering into a Business transaction ...

Lavery Lawyers | August 2009

AS HIGHLIGHTED BY QUÉBEC COURTS, SURETIES ARE KEY PLAYERS IN THE CONSTRUCTION INDUSTRY. IN 2002, THE QUÉBEC COURT OF APPEAL ACKNOWLEDGED THEIR IMPORTANCE IN A DISPUTE BETWEEN A CONSTRUCTION COMPANY AND A SUPPLIER. THE COURT NOTED THAT THE CONSTRUCTION COMPANY’S LOSSES HAD BEEN EXACERBATED BY THE WITHDRAWAL OF ITS SURETY FACILITY ...

ALRUD Law Firm | August 2009

According to The Federal law as of July 24, 2009 N 212-FZ “On Insurance Contributions to the Pension Fund of the Russian Federation, Social Security Fund of the Russian Federation, Federal Medical Insurance Fund of the Russian Federation and Territorial Medical Insurance Funds” that has been passed by the State Duma, the Unified social tax (UST) shall be replaced from the year 2010 with insurance contributions to particular types of social security to be paid to four separate non-budge

Lavery Lawyers | August 2009

More recently, the Québec Superior Court established that the active participation of a surety in the restructuring of a company under the Canadian Companies’ Creditors Arrangement Act (“CCAA”) was critical to determining whether a surety’s obligations could be reduced under the terms of an arrangement .2 accordingly, in Charles-Auguste Fortier inc ...

PLMJ | July 2009

Following our tax information regarding “New Tax Forms on Interest and Royalties” and “International Double Taxation in Portugal” of the 9th of March and the 8th of July 2009, respectively, were on July the 20th, released the new forms of models 21, 22, 23 and 24 RFI for implementation of the treaty to avoid the double taxation between Portugal and Spain, hereby attached and that are available at the Portal das Finanças ...

Shoosmiths LLP | July 2009

Auction sales can raise difficulties when determining whether the transaction is a transfer of a going concern (“TOGC”) as there are two possible situations at which the tax point occurs. If the deposit is being held as agent then the tax point is from the moment the auctioneer's hammer goes down ...

Shoosmiths LLP | July 2009

On 15 April 2009, the Law Society published an updated practice note on mortgage fraud ...

PLMJ | July 2009

In January 2010, the decree-law that enacts the Accounting Standardisation System and repeals the Official Chart of Accounts (POC) will enter into force. This legislation was passed as part of a reform that is intended to be structural in nature and apply horizontally across the national accounting system ...

Shoosmiths LLP | July 2009

Service charges are going to be a major bone of contention between landlords and tenants during the recession, as landlords seek to maximise returns from property, and tenants seek to count every penny. This could lead to a mountain of litigation, all of it protracted, and all of it destined to sour landlord and tenant relations for many years to come ...

Lavery Lawyers | June 2009

Introduced in 1979, the Quebec Stock Savings Plan (QSSP) was enormously success ful in the 1980s, encouraging the emergence of numerous Quebec SMEs which later became some of the most noteworthy success stories in Quebec business . On the other hand, the SME Growth Stock Plan, which replaced the QSSP in 2005, achieved a more mixed success . The 2009-2010 provincial budget, presented last March 19, attempts to remedy this situation ...

Lavery Lawyers | June 2009

Contents Greater opportunities for GST/QST claims Shielding the directors of a company placed under the protection of the Companies’ Creditors Arrangement Act The value of a trade-mark: a matter of control The Export and Import Permits Act: an act too often overlooked GREATER OPPORTUNITIES FOR GST/QST CLAIMS Philippe Asselin [email protected] Last April 23rd, the Supreme Court of Canada rendered its fi rst judgment concerning the GST ...

Dykema | June 2009

This is the second of a three-part report on “public private partnerships.” Also known as “PPP” or “P3” projects, there is an increasing amount of press regarding these projects, some of which is contradictory and some of which is just plain confusing. The purpose of this three-part report is to provide you with some useful information in identifying and analyzing P3 opportunities. The first part of the primer provided an introduction to the P3 concept ...

The White House issued a proposed 2010 budget which includes the Obama administration’s plan to reform sections of the U.S. Tax Code on international transactions. One proposal includes a change in how international and domestic banks with foreign clients withhold tax and report to the Internal Revenue Service. The rule change is aimed at improving collection efforts on taxes owed by foreign investors and reducing tax evasion by U.S. citizens and residents ...

ALTIUS/Tiberghien | May 2009

Things change over time. This is also the case in the timesharing business. The European legislator, who is well aware of this and already dealt with this type of business by adopting a directive on 26 October 1994, has recently adopted a new legislative act dealing with timesharing, thus bringing European legislation up-to-date. It was deemed necessary to modify the former European legislation to the evolutions in the business ...

ALTIUS/Tiberghien | May 2009

Companies (listed and unlisted) spinning off real estate at Belgian or at both Belgian and European level is common practice. In comparison to the U.S. market, the trend is only just in its early stages here. Outsourcing often conceals widely varying realities:-       a company shareholder may want to divide his corporate assets among his future heirs ...

On May 7, 2009, the White House issued its proposed budget for fiscal year 2010, which outlines the Obama administration’s plan to reform certain of the Internal Revenue Code’s provisions on the taxation of international transactions. Proposed changes to the rules on withholding taxes, which are aimed at reducing tax evasion by U.S. citizens and residents and improving collection efforts for taxes owed by foreigners investing in the U.S ...

On May 7, 2009, the White House issued its proposed budget for fiscal year 2010, which outlines the Obama administration’s plan to reform certain of the Internal Revenue Code’s provisions on the taxation of international transactions. Proposed changes to the rules on withholding taxes, which are aimed at reducing tax evasion by U.S. citizens and residents and improving collection efforts for taxes owed by foreigners investing in the U.S ...

Shoosmiths LLP | May 2009

In 1996, the case of Hindcastle v Barbara Attenborough Associates settled the effect of disclaimer on a lease guarantee but since then a new leasehold regime has been introduced. A recent case, Shaw v Doleman, has revisited the effect of disclaimer in this context. Original tenants of leasehold property paid a high price in the property crash of the 1990s ...

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