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International Lawyers Network

The International Lawyers Network (ILN) is a leading association of 91 high-quality, full-service independent law firms.
Since 1988, the ILN has helped its members keep pace with today’s global economy, through access to the …

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HOWARD & HOWARD EXPANDS INTELLECTUAL PROPERTY PRACTICE

Royal Oak, Michigan, May 28, 2015: Howard & Howard Attorneys PLLC is pleased to announce that Jason P. Tejani has joined the firm. He will practice out of the firm’s Royal …

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Congratulations to Pat Williams and BCICAC

Congratulations to Pat Williams and the rest of the British Columbia International Commercial Arbitration Centre (BCICAC) team on being named in Canadian Lawyer’s Top 10 Arbitration Chambers. BCICAC is a non-profit organization committed to providing “competent, consistent and fiscally responsible alternative dispute resolution services,” explains Pat. Kudos to BCICAC!

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Complimentary June 25th Webinar: Hi-Tech Compliance in the Digital Age

Epstein Becker Green will host a complimentary webinar, “Hi-Tech Compliance in the Digital Age” on June 25th from 1:00 p.m. – 2:30 p.m. (EDT) presented by Epstein Becker Green attorneys Michelle Capezza, Nathaniel M. Glasser, Adam C. Solander, and Joshua A. Stein.

Below is a description of the webinar:

All employers face unique challenges in having to comply with both overarching and targeted labor and employment, employee benefits, and civil rights laws and regulations that greatly impact their workplace and business model.  As employers — including those operating in the technology, media, and telecommunications industry … Continue Reading

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Government Rule Out No Fault Dismissals

The Government has announced that, despite rumours to the contrary, it is not intending to reconsider the recommendation of the Beechcroft report on employment law, as was published in 2012, that employers should be able to dismiss employees without cause, on a “no fault” basis.

The report suggested that small firms be able to dismiss people without any reason, in return for some settlement or compensation agreement. This proposal was not advanced when the report was initially published, but following the Conservative party being elected as a majority government in this month’s general election, stories began to circulate that the idea was under fresh consideration.

However, this has now been dismissed by new Business Secretary Sajid Javid.

Ruled Out Any Changes

Despite the calls for such dismissals to be introduced, the Business Secretary dismissed any reforms on the BBC’s Andrew Marr Show. He said: “During the last Parliament we have saved businesses from about £10bn of costs collectively in regulation, and I think we can do at least that again.”

“The other thing I want to do is help more small businesses with some of the challenges they face, not just red tape but especially the issue of late payments.

“Small businesses in our country are owed, I think, about £30bn – that’s a record high in late payments, so we’re going to set up a small business conciliation service to help deal with that.”

He added: “I also want to take a look at regulators to see if… [they] can be made part of a system to help cut regulation on businesses.”

Contact Our Employment Solicitors in Glasgow

If you need advice or assistance in dealing with dismissals or representation regarding an unfair dismissal case, our team of employment lawyers are experts and have a great deal of experience in representing clients before the Employment Tribunal. To find out how we can help get in touch using our online contact form.

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New CGT rules for non residents: what to do now

This is the first UK tax year in which non UK residents will be subject to Non Resident UK Capital Gains Tax (NRCGT) when disposing of their UK residential property to anyone other than their spouse/civil partner or to charity.  Non resident trustees and personal representatives pay NRCGT at 28% on taxable gains and individuals pay 18% or 28%, depending on their taxable UK income and other UK gains in the tax year in which the gain arises.  If non resident companies are not subject to Annual Tax on Enveloped Dwellings – CGT (ATED-CGT), which always takes precedence, they pay NRCGT at 20% instead.  Only closely held companies are affected by NRCGT.

Also, only gains accruing since 6 April 2015 are taxable.  There are options as to how the gain can be calculated.  The default method is just to calculate the actual taxable gain accruing since 6 April 2015 and pay NRCGT on that.  Alternatively, a straight-line time apportionment can be used.  For example, if a property was bought in June 2010 and sold in June 2025, the total number of months of ownership is 180, of which 122 come after 6 April 2015.  The NRCGT is calculated by multiplying the taxable gain over the entire period of ownership by 122/180, or 67.77%.  Either way, for a residential property bought before 6 April 2015, you must know what the property was worth as at 6 April 2015 to work out which calculation basis is most favourable to you. 

There is no requirement to get a property valuation done now, to evidence its value as at 6 April 2015.  However, if any particular feature or the condition of the property is likely to change between now and when the property is sold, and affect its value, it may be a good idea to get a valuation done or at least take date-specific photographic evidence.  If the changes were historic, marshall as much evidence as you can before it disappears.  Similarly, if a property is not residential property at 6 April 2015 but may become so in future, evidence should be preserved now of its non residential status.

Non residents are still eligible to claim the usual CGT reliefs that can apply to residential property, such as Private Residence Relief (PRR) or Lettings Relief.  Evidence of property usage which supports a claim for either of these reliefs should be preserved also.  Bear in mind that for non resident individuals, claiming a relief may have implications for UK residency status generally as PRR is only available for UK residential property if occupied for 90 overnight stays in any tax year.

You have until 6 October 2016 to sell a UK home that qualified at some point during the pre 6 April 2015 period for PRR and not have to pay NRCGT.  PRR always applies to the final 18 months of ownership in this situation.

All non residents only have 30 days after the sale completes to report the disposal and provide a computation of the tax due. A report must be submitted even if there is no NRCGT to pay.  Do not leave it to the last minute as, if a payment needs to be made too, a payment reference must be issued by HMRC before NRCGT can be paid, which could take a few days.  If the non resident taxpayer is registered under the UK’s Self Assessment tax regime, an election can be made to pay any NRCGT as part of the usual tax payment schedule, so for disposals in tax year 2015/2016, any NRCGT would be payable by 31 January 2017 at the latest.  If the taxpayer is not part of the Self Assessment tax regime, all the NRCGT must be paid by the end of those 30 days too.

In contrast to ATED, companies owning UK residential property as part of a property rental business are not exempt from NRCGT.  Furthermore, property that is in the process of being constructed or adapted for use as a residential dwelling is within NRCGT.  Accordingly, where a property is being converted from commercial to residential use, ATED-CGT does not apply until the property is first subject to ATED, meaning on first occupation or when the property receives its first Council Tax rating.  However, no such leniency appears to apply to NRCGT. 

As you will gather from the above, the taxation of UK residential property, particularly for corporate owners, is now a rather complicated affair.

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Multistate Tax Update — May 28, 2015

Multistate Tax Update — May 28, 2015

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HOWARD & HOWARD EXPANDS ROYAL OAK OFFICE; WELCOMES VINCENT C. ILAGAN

Royal Oak, Michigan, May 27, 2015: Howard & Howard Attorneys PLLC is pleased to announce that Vincent C. Ilagan has joined the firm. He will practice out of the firm’s Royal …

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Alberta Court of Appeal Explores Boundary Between Faulty Workmanship and Resulting Damage

By Carmen Tham and R. Glen Boswall

In the recent case of Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, the Alberta Court of Appeal was asked to decide whether an “All Risks” property insurance policy covered damage caused by one trade contractor improperly cleaning windows provided by another trade.  In particular, the issue was whether the window damage was excluded as “poor workmanship” or covered as “resulting damage.”

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Many Leave Families with No Inheritance Due to Wills

Millions of Britons could face a legal dilemma due to their loved ones not leaving a will according to research carried out by Macmillan Cancer Support.
According to their report, six out of ten stated that they had lost a loved one to find that they …

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A “Mixed Bag” from SCOTUS – Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

In a unanimous decision announced this morning, the U.S. Supreme Court, in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 2015 BL 163948, U.S., No. 12-1497, 5/26/15, ruled that the Wartime Suspension of Limitations Act (“WSLA”) applied only to criminal charges and not underlying civil claims in times of war. Thus, the WSLA – which suspends the statute of limitations when the offense is committed against the Government – cannot be used to extend the statute of limitations in cases such as those brought under the False Claims Act (“FCA”). This ruling reversed a decision of … Continue Reading

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