Europe

Grip tight and hold on: latest trends in the construction of amusement rides

Quantitative risk assessment techniques are changing the way in which amusement rides are designed, inspected and operated.  Modern rides are becoming dependent on computer-based technology with control systems allowing rides to perform increasingly complex functions at very high speeds.  Passenger safety can depend on the correct operation of control systems and their failure could compromise safety.

Such developments mean that quantitative risk assessments are increasingly being applied to amusement rides.1  A quantitative risk assessment involves calculating the magnitude of a potential loss and the probability that such loss will occur.  An acceptable risk is only understood or tolerated where the cost or difficulty of implementing an effective countermeasure exceeds the expectation of loss.

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Planning new experiences? What you need to know

How public attractions are used is changing.  There is a growing recognition of the increasing demand for a broader night time culture and entertainment offering, which in turn is leading to cities starting to re-evaluate their night time economies.  Sleepovers already allow guests to experience a night at the museum or the zoo and the success of such events is leading to a demand for better quality accommodation.  Some zoos are seeking to capitalise on this demand by offering permanent accommodation that allows guests to stay overnight in an immersive conservation experience.

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Māra Stabulniece on the new regulation of the pre-procurement consulting

On 11 April 2017, “Jurista Vārds” published an article by Māra Stabulniece, Attorney from Tark Grunte Sutkiene, on the new regulation of the pre-procurement consulting. Article 18 of the Public Procurement Law contains a regulation on the pre-procurement consulting, which is new in Latvia, while it does not prescribe for the new right of customers to consult suppliers, but only set out the provisions for application of such right.

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Ny afgørelse om trepartsforhold

SKAT har afgjort, at man kan anses for ansat i et firma, selv om man er ansat gennem et bureau

De fleste personer er meget sjældent i tvivl om, hvorvidt de er lønmodtagere eller selvstændig erhvervsdrivende. Ofte giver dette sig selv. Det forekommer imidlertid, at en del personer har en interesse i at være selvstændig erhvervsdrivende og ”forsøger” at få deres aktivitet løftet op til at være det. I disse situationer foretager man en konkret skatteretlig vurdering af, hvorvidt den aktivitet, den pågældende person udøver, er kendetegnet som selvstændig erhvervsdrivende.

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Betalingen ontvangen van bijna-failliete vennootschappen

Betalingen ontvangen van bijna failliete vennootschappen, blijft lastig. Wanneer kan de curator in faillissement die betalingen later weer terugvorderen? Bas Ebels schreef een noot onder een uitspraak van de Rechtbank Limburg waarin de bewindvoerder in voorlopige surseance met succes een betaling aan het advocatenkantoor, die de aspirant sursiet had begeleid bij de aanvraag van de surseance, terugvorderde. Erg zuur voor de advocaten, maar juridisch juist. Wees dus op uw hoede als u betaald krijgt door een klant in moeilijkheden.”

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Exactly what it seems

One of the most frequent areas of dispute between the tax authority and taxpayers relates to the conditions under which a taxable entity participating in a chain transaction can deduct the VAT passed on to it. The tax authority (NAV) was recently struck another blow in the tussle when the Supreme Court, in a precedent-setting ruling, took issue with the tax authority’s practice of regularly reclassifying the participants in chain transactions as agents. What’s more, the Curia’s ruling goes significantly further, and questions in general the tax authority’s right to reclassify the transactions of taxable entities on a whim.

NAV has very broad powers to classify a transaction for the purposes of taxation, based on its actual economic content. This reclassification does not affect the business or civil-law aspects of the relationship between the parties, but it can entail a serious additional tax and penalty payment obligation.

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Supporting Pieta House Darkness Into Light

HOMS Solicitors are continuing our support of Pieta House with the upcoming Darkness Into Light 5km event on Saturday, 6th May 2017.

Seán Fitzgerald and Rachael O’Shaughnessy, Senior Solicitors in our litigation department, attended the launch of this unique event at the Clayton Hotel on 5th April 2017 and are pictured with the Mayor of Limerick City and County, Kieran O’Hanlon, and representatives of the Limerick City Darkness Into Light Committee.

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‘No looking back’ – one ATED tax trap to avoid

 

April is ATED filing month – 2017/2018 ATED tax returns must be filed and any ATED tax paid by 30 April at the latest.  Even if no ATED is due, because a relief from ATED applies, that relief still needs to be claimed on an ATED tax return, which must be submitted by the end April deadline just the same.ATED applies to companies owning UK let residential property too.  However, a 100% relief from ATED is available if the company is running a property rental business and the relief is claimed each year.

One crucial trap to guard against is occupation of the company’s property by a ‘non-qualifying individual’.  These include people who are ‘connected to’ the company, in the very wide sense conferred on that phrase by s.1122 Corporation Taxes Act 2010.  For example, the settlor of a trust which owns an interest in the corporate entity which owns the property will count as a ‘non-qualifying individual, as will the settlor’s relatives – meaning siblings, and either ancestral or lineal descendants – and even their respective spouses and their families! 
The non-qualifying individual has to be ‘permitted to occupy’, according to the ATED legislation, which may give an escape route if the directors of the company were not aware of the occupation and therefore could not have given permission, implied or express.  Unfortunately there is no definition of what ‘permitted to occupy’ means, either in the legislation or in HMRC’s ATED Technical Guidance.  However, in the content of other taxes, HMRC regards use of a property as occupation if the person who does stay at the property or uses it has a right of access to it and does keep belongings there.  No guidance is also given on how long a period of occupation is needed in order to trigger these provisions.  In an example given in the Technical Guidance, a month of occupation was long enough but there is no discussion of whether a week or even a few days would have been problematic.  Therefore, it’s best to try to avoid these murky waters if possible.  
It is relatively easy for companies to find themselves in trouble over non-qualifying occupation.  The family member who stayed a few nights in the company’s London flat, in the void period between lettings, is a classic situation but unfortunately this can lead to an unhappy outcome.  The consequences of non-qualifying occupation can be severe:
  • ATED relief is denied for the whole of the ATED tax year in which the non-qualifying occupation takes place, unless there was a qualifying tenant renting the property as part of a property rental business prior to the non-qualifying occupation (in which case relief will be allowed for the period of ‘qualifying’ occupation).
  • Relief is also denied for up to the next three ATED tax years, until such time as there is ‘qualifying occupation’.
  • ATED relief is withdrawn for the previous ATED tax year if, in fact, there was no qualifying occupation during that tax year.  (This could be the case if the company was taking steps to rent out the property, such as alterations or redecoration, for which ATED relief is available if the steps are taken without undue delay).

The look forward and look back provisions can result in companies owing ATED for tax years in which it was thought that an ATED relief was due.  The position needs to be corrected by submission of an amended ATED tax return for all years affected, as quickly as possible as time deadlines apply to the tax return filing. 

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Template declaration on characteristics of real estate unit and procedure of its reviewing were adopted

On 04 April 2017 the Russian Ministry for Economic Development published the Order No. 846 “On adoption of procedure of reviewing of declaration on characteristics of real estate unit and its template” (hereinafter – the “Order”).

The Order was adopted in accordance with clause 4 Article 12 of the Federal law No. 237-FZ of 03 July 2016 “On state cadaster evaluation” (hereinafter – the “Law No. 237-FZ”). This law governs the valuation procedure for the real property items starting from 01 January 2017. The valuation is performed by the Federal Cadastral Chamber. Article 12 of the Law No. 237-FZ covers matters of preparation for state cadaster evaluation and contemplates, that the real property owner can provide data on their real estate units to the Federal Cadastral Chamber or one of its branches (hereinafter – the “FCC”, “agency”). This information should be included into the template form adopted by the Order.

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The Legal 500 EMEA 2017: Lidings Among the Top Advisorы in Russia

A new ranking for the world’s best law firms and individual lawyers annually provided by The Legal 500 EMEA continues to rank Lidings among the strongest legal advisors in corporate law, mergers and acquisitions, real estate and construction, and dispute resolution in Russia.

Lidings is consistent in demonstrating excellent dispute resolution capabilities traditionally recognized not only by The Legal 500 EMEA, but other major international and Russian legal ratings. Firm’s expertise is highly praised by clients and partner firms, as well as practice’s lawyers are individually recognized. Thus, the newly released rating states that Managing Partner Andrey Zelenin is «a masterful litigator – personable, reliable and highly experienced».

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