Monthly Archives: February 2017

February 20, 2017

Russian Ministry of Health adopted new Administrative Regulations concerning state registration of medical drugs

By Legal Updates of Lidings Law Firm
On 04 February 2017 Order of the Russian Ministry of Health No. 725н dated 21 September 2016 “On adoption of the Administrative Regulations of the Ministry of Health of the Russian Federation on providing public service on state registration of medical drugs” (hereinafter – the “Administrative Regulations”)1  became effective.
The updated Administrative Regulations amend the structure, sequence of administrative procedures as well as timelines and order of their performance, inter alia the Administrative Regulations:
  • Supplement the range of applicants for rendering public services on medical drug registration (hereinafter – the “Service”) by including companies acting on their own behalf or on behalf of other legal entities and submitting medical drug for state registration. Previously, only medical drug developers or their attorneys could apply for the registration;
Posted in Europe | Legal Updates
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February 19, 2017

Liability for violation of personal data processing regulations – new offence matters

By Legal Updates of Lidings Law Firm
New amendments introduced by the Federal law dated 07.02.2017 № 13-FZ (hereinafter – “Law № 13-FZ”) and effective as of 1 July 2017 provide for increased liability for violating personal data processing legislation (hereinafter – “PD”). The amendments are made into art. 13.11 of the Administrative Offences Code of the Russian Federation (hereinafter – “AOC”) and introduce new administrative offences. The powers to initiate administrative liability proceedings for this type of offences have been assigned to the Federal Service for Supervision of Communications, Information Technology, and Mass Media of the Russian Federation (Roskomnadzor).
The Law № 13-FZ establishes separate administrative offences for violating personal data legislation, inter alia, for the following cases:
  • Processing of PD without properly executed consent of the person the PD refers to – fine up to max. RUB 75,000;
  • Processing of PD incompatible with the purpose of relevant PD collection, or processing of PD if not allowed by the current legislation – fine up to max. RUB 50,000;
  • Failure by the PD operator to secure physical safety of data carrying devices – fine up to max. RUB 50,000;
Posted in Europe | Legal Updates
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February 17, 2017

D.C. Court of Appeals Highlights Importance of Offers of Proof in NLRB Representation Hearings Under Expedited Election Rules

By Michael F. McGahan and Donald Krueger of Epstein Becker & Green

A recent decision of the United States Court of Appeals for the District of Columbia Circuit in connection with an employer’s challenge to a National Labor Relations Board (“NLRB” of “Board”) representation election in which the Board certified a “wall to wall” bargaining unit provided clear evidence of just how critical it is for employers to make detailed “offers of proof” concerning issues the Board will not allow them to litigate under the amended election rules which took effect in April 2015.

Posted in Legal Updates | North America
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ILN Today Post
February 17, 2017

New Rules for the Investment Registry in the Country and Deadline for Updating the Economic and Financial Statement

By KLA Advogados of Koury Lopes Advogados

On January 30, 2017, new rules applicable to the registration of foreign direct investment in the country with the Central Bank of Brazil (the so-called RDE-IED system) came into force.

The new rules greatly simplified the registration of transactions involving foreign direct investments and also required the updating of economic and financial data of foreign investment companies with total assets or equity equal to or greater than R $ 250 million.

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Posted in Central & South America | Legal Updates
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ILN Today Post
February 17, 2017

Receita Federal e Procuradoria Geral da Fazenda Nacional regulamentam o novo programa para quitação de débitos

By KLA Advogados of Koury Lopes Advogados

No dia 1º de fevereiro de 2017 a Receita Federal do Brasil (“RFB”) publicou a Instrução Normativa (“IN”) nº 1687, de 31 de janeiro de 2017. Dois dias mais tarde, no dia 3 de fevereiro de 2017, a Procuradoria Geral da Fazenda Nacional (“PGFN”) publicou a Portaria PGFN nº 152 de 02/02/2017. Estes dois instrumentos normativos, cada qual em contexto próprio, regulamentam o disposto na Medida Provisória (“MPV”) nº 766/2017, que institui o novo Programa de Regularização Tributária (“PRT”)[1].

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Posted in Central & South America | Legal Updates
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ILN Today Post
February 17, 2017

New York: Tax Court clarifies test of intent for purposes of establishing domicile

By McDonald Hopkins LLC of McDonald Hopkins
New York’s Division of Tax Appeals recently issued an opinion that clarified its test of intent with regard to a purported new domicile. Generally speaking, the test is “whether the place of habitation is the permanent home of a person, with the range of sentiment, feeling and permanent association with it.” The court noted that under the usual analysis, it acknowledges a taxpayer’s declarations, but these are less persuasive than actions demonstrating the taxpayer’s “general habit of life.” Applying that here, the court concluded that the taxpayer, Gregory Blatt, had proved, by clear and convincing evidence, that he intended to, and did, change his domicile from New York City to Dallas, thus justifying a cancellation of the deficiency of $430,065.00, plus interest and penalties.
This case turned on whether the court agreed with Blatt that for the tax years 2009 and 2010, he had changed his domicile from New York to Texas, which rendered his presentation of the facts especially important. Indeed, in the New York Division of Tax Appeals, which some consider to be the most aggressive for these kinds of audits, Bloomberg declared that “it was the compelling story that carried the day.”
Posted in News | North America
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February 17, 2017

Ohio: State Supreme Court allows non-resident’s tax credit of nearly $200,000

By McDonald Hopkins LLC of McDonald Hopkins
In the case Giddens v. Testa, the Ohio Supreme Court reversed a Board of Tax Appeals (Board) decision that disallowed a non-resident tax credit related to a distribution from a corporation that did some of its business in Ohio, for the tax year 2008. The tax commissioner’s theory was that the distribution constituted business income, and was therefore apportionable in part to Ohio, based on the proportion of the corporation’s business in that state. The Board affirmed the assessment, the taxpayers appealed, and the high court reversed the Board, concluding that the taxpayers properly treated the income at issue as nonbusiness income allocable solely to their state of domicile, Missouri.

BACKGROUND

The Court provided the following facts as background. The plaintiffs/appellants, Ernest and Louann Giddens, lived in Missouri, but paid Ohio income tax by virtue of their ownership of shares in a corporation that does business in Ohio. For the tax year at issue, 2008, that company was an S corporation. The S corporation, Redneck, Inc. is a wholesale supplier of equipment for trailer parks, including running gear, axles, springs, hitches, and jacks, had just two shareholders, the Giddens.
Posted in News | North America
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February 17, 2017

Alabama: Expired Historic Rehabilitation Tax Credit Program could be renewed

By McDonald Hopkins LLC of McDonald Hopkins
In 2013, the Alabama legislature signed HB 140 into law, designed to provide tax help for owners who rehabilitate residential or commercial properties. The program, known as the Alabama Historic Rehabilitation Tax Credit Program (Program), offered a tax credit of up to 25 percent for the substantial rehabilitation of a historic residential or commercial property. The Alabama Historical Commission notes that between 2013 and 2015, $20 million in tax credits were available, for a total of $60 million. Commercial projects could receive the credit for up to $5 million in qualified expenses, and private residential properties up to $50,000.
The Program expired in May 2016, but at least one lawmaker is eager to bring it back, according to the Alabama NewsCenter. When the legislature convened on February 7, 2017, and State Sen. Jabo Waggoner revealed that he plans to introduce a similar measure to encourage the rehabilitation of abandoned buildings.
Posted in News | North America
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February 17, 2017

Immigration checks and Right to Rent

By Fladgate LLP of Fladgate LLP

Recent changes have been announced to the Immigration Act 2016 (which came into effect from 1 December 2016), which have “upgraded” the failure to meet Right to Rent requirements to a criminal offence including a jail term of up to five years.

Right to Rent was a scheme introduced across England on 1 February 2016. The scheme requires landlords or their letting agents to make adequate immigration checks before letting a property. If they do not, they can be liable for a fine of up to £3,000.

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Posted in Europe | Legal Updates
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February 17, 2017

Tread carefully when you step down

By Fladgate LLP of Fladgate LLP

This article was published in Construction News on 1 December 2016.

Stepping down relevant clauses to subcontractors is rarely quick and easy when done properly – but it’s worth taking the time to do so.

Let’s take a familiar scenario: an employer engages a contractor to carry out works, but the finished works are already subject to agreements for lease between the employer and future tenants of the finished project.

The terms of the agreements for lease are likely to contain duties relating to the performance of the works. Some common examples include:

  • practical completion conditions;
  • the provision of collateral warranties or third party rights;
  • liquidated damages;
  • deadlines for practical completion and access prior to completion (e.g. to fit out a retail unit); and
  • maximum and minimum area limits which, if not adhered to, allow the tenant to terminate the agreement for lease or entitle the tenant to a reduction in rent and/or liquidated damages.

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Posted in Europe | News
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