Monthly Archives: March 2017

ILN Today Post

South Carolina: Support for a gas tax increase the rise

According to the American Petroleum Institute, the national average gas tax as of its January 1, 2017 quarterly update is 49.44 cents per gallon. This consists of the following:
  • State excise taxes: 21.3 cents
  • Other state taxes: 10.01 cents
  • Federal excise taxes: 18.40 cents
South Carolina’s gas tax is less than that, at 35.15 cents per gallon, because the Palmetto State’s portion is so much lower than the national average:
  • State excise taxes: 16.00 cents
  • Other state taxes: 0.75 cents
  • Federal excise taxes: 18.40 cents

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Jury still out on whether sin taxes change behavior

In March 2015, Berkeley, California was the first city in the nation to pass such a law subjecting sugary beverages to a tax, of a penny-per-ounce.
And last year, much was made of new sugar-sweetened beverage tax laws in Boulder, Colorado, and three California jurisdictions, Albany, Oakland, and San Francisco. Boulder’s tax is 2 cents per ounce; Albany’s is one-cent per ounce; Oakland passed a one percent increase of the general sales tax; and San Francisco’s beverage tax is one-cent per ounce.
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What employers need to know about the American Health Care Act

On Monday, March 6, House Republicans released the American Health Care Act, their long-awaited plan to repeal and replace the Affordable Care Act (ACA), more commonly known as “Obamacare.” While the goal for Republicans over the last eight years has been to repeal the ACA in its entirety, for the most part the new bill leaves much of the existing legislation in place.

The reason why stems from the rules for the process in which Republicans seek to pass the American Health Care Act: budget reconciliation. The advantage of passing the ACA repeal and replace legislation as a reconciliation bill is that only a simple Senate majority is required for passage (some may recall that parts of the ACA were enacted using the same mechanism).

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What health care providers need to know about the American Health Care Act

On Monday, March 6, the House Republicans released the American Health Care Act – the long-awaited plan to repeal and replace the Affordable Care Act (ACA), more commonly known as “Obamacare.” When the ACA was enacted in March 2010, major themes included expansion of coverage, improving the efficiency and quality of healthcare, and lowering the overall cost of insurance. While the goal for Republicans has been to repeal the ACA, the new bill leaves much of the existing legislation in place. The House’s proposed repeal and replace legislation attempts to reduce the federal government’s investment in the ACA’s expanded insurance coverage by repealing many of the taxes that were implemented to fund the ACA, restructuring the federal subsidies for health insurance premiums as flat tax credits, and reforming Medicaid.

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Guidane regarding the new I-9 form released

Form I-9, aka the Employment Eligibility Verification Form, is used to verify the identity and employment authorization of all individuals hired for employment in the U.S. All U.S. employers must ensure proper completion of Form I-9 for each individual hired to work in the U.S. This requirement is equally applicable to U.S. citizens and non-citizens. Both employees and employers (or the authorized representatives of the employer) must complete the form.
Although simple on its face, Form I-9 continues to trip up employers for a variety of reasons. After revamping the form at the end of 2016, on February 14, 2017, the U.S. Citizenship and Immigration Services (USCIS) released further guidance to assist employers. The new “Handbook for Employers – Guidance for Completing Form I-9” (also referred to as M-274) is available here.
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Lidings’ Top Position Among Leading Dispute Resolution Law Firms in Russia Endorsed by Kommersant Rating

Lidings law firm takes top position in the rating of the leading dispute resolution law firms in Russia based on the analytical research held by the “Kommersant” newspaper together with the Legal Practice project.

Results of this first specialized research of dispute resolution service providers in Russia, classifying law firms by types and groups of disputes they solve, are published in a special supplement to “Kommersant” as of March 13th, 2017. The results are divided into three categories: rating of projects by key types of disputes, individual rating of lawyers by ten key types of disputes and rating of law firms with specialization in resolving certain types of disputes.

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Review of court practice on application of particular provisions of section V.1 and article 269 of the Tax Code of Russia

On 16 February 2017 the Presidium of the Supreme Court of Russia adopted the review of court practice on application of particular provisions of section V.1 and article 269 of the Tax Code of Russia.

Key conclusions of the Supreme Court of Russia according to the review can be summarized as follows:

  • Transaction price deviating from the market level does not result in advantage

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D.C. Circuit Rejects NLRB Finding That FedEx Drivers Are Employees, Not Independent Contractors and Raises Doubts As To Board’s Joint Employer Test

Steven M. SwirskyOver the past week the U.S. Court of Appeals for the District of Columbia Circuit weighed in on two separate related efforts by the Obama-Board to expand the protections of the National Labor Relations Act (the “Act”) to workers who are not in traditional employer-employee relationships.

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ILN Today Post

ASEAN TODAY – REGIONAL LEGAL AND BUSINESS NEWS – FEBRUARY 2017

Scaling-Up Nutrition Movement
The ASEAN Secretariat met with the United Nations (UN) Scaling-Up Nutrition (SUN) Movement Coordinator earlier this month to address food security and malnutrition in the region. The UN hopes that ASEAN will be a gateway for the sharing of best practices and knowledge to help end malnutrition in the region and in all SUN countries. The SUN Movement’s operating principle is that everyone has the right to food and good nutrition. The Regional Report on Nutrition Security in ASEAN Volume 2 published in 2016 shows that stunting and wasting in children five and under is a severe public health problem in the ASEAN member states. An estimated 5.4 million children suffer from low weight-for-height and 17.9 million suffer from low height-for-age.

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He who shares, wins – buying residential property

Where two or more individuals purchase residential property they have to decide whether they will hold the property as joint tenants or as tenants in common. The purpose of this article is to explain the distinction between these two options, provide some insight into the circumstances in which each may be most appropriate, and highlight some of the issues that need to be taken into consideration.

 

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