Monthly Archives: March 2017

International conflicts and the importance of having a valid Will

The Victorian Supreme Court has delivered judgment in the case of Re Tang [2017] VSC 59 concerning a Chinese resident individual leaving a handwritten note disposing of assets in Victoria but not all assets or any assets in China where he died. The case raises interesting issues regarding choice of law in succession cases and the matters to be addressed where this is unclear and the deceased does not leave a valid Will. It also emphasises why it is vital to take professional advice to ensure you have a Will that is valid and respected in any countries which you have connections to or own assets in.

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New legislation to criminalise corrupting benefits between employers and unions

On 22 March 2017, Prime Minister Malcolm Turnbull introduced legislation to criminalise the giving, receiving or soliciting of ‘corrupting benefits’ between employers and trade unions.

The Fair Work Amendment (Corrupting Benefits) Bill 2017 (Bill) was introduced in response to recommendations of the Final Report of the Royal Commission into Trade Union Governance and Corruption, to promote better governance of registered organisations.

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ILN Today Post

Ohio: Think tank supports proposal to streamline municipal tax system

Governor John Kasich released his executive budget proposal for fiscal years 2018 and 2019 in early February, and soon after, lawmakers introduced a budget bill, House Bill 49. Among many other things, HB 49 attempts to improve the municipal tax system by transferring the responsibility – from individual municipalities to the state – for collecting and administering municipal income taxes on business income, excluding sole proprietors and other single-member entities owned by one individual, starting in 2018.

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ILN Today Post

Kansas: State Supreme Court still not satisfied with the school funding formula

In the case Gannon v. State of Kansas (Gannon IV), the Kansas Supreme Court once again considered the constitutionality of the state’s school funding. In its March 2, 2017, opinion, the court concluded that “the state’s public education financing system provided by the legislature for grades K-12, through its structure and implementation, is not reasonably calculated to have all Kansas public education students meet or exceed the standards” set out in previous case law, and now codified in Kansas statute.
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ILN Today Post

Washington: Lawmakers consider first-ever tax on the sale of personal info

In early February, Rep. Norma Smith introduced House Bill 1904, which would establish a new 3.3 percent business and occupation tax (B&O) on businesses that sell or exchange the personal information of Washingtonians, while also exempting the sale of personal information from the state’s sales and use taxes.
Asserting that “[w]e must make inroads where we can in an effort to safeguard your private information,” Rep. Smith, on her website, justified the measure as one that would “help offset the significant new cost of cybersecurity, data protection and new educational industry demands.” To that same end, she also introduced House Bill 1421, which would protect consumers’ payment credentials in business transactions with state agencies by prohibiting the agencies from storing these payment credentials on state data systems, and requiring them to eliminate any existing payment data from their systems by July 1, 2020.
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ILN Today Post

Blandede ejendomme – skattemæssige udfordringer

Mens vi venter på en ny vurderingslov, er der forskellige udfordringer for især ejendomme, der både anvendes privat og erhvervsmæssigt.

Blandede ejendomme er et begreb, der stammer fra vurderingssystemet og dermed vurderingsloven.

Det vurderingssystem, der har været i Danmark, har i en længere årrække været sat på hold, fordi de vurderinger, der kom, ikke var retvisende. Det forventes, at der etableres et nyt juridisk grundlag for en ny vurderingslov inden sommerferien 2017, og at vurderingerne igen kommer til at virke fra 2018 for ejerboliger og fra 2019 for ikke-ejerboliger.

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Maine Delivery Drivers Deemed Overtime-Eligible “For Want of a Comma”

A Maine dairy company has received a potentially expensive grammar lesson from the U.S. Court of Appeals for the First Circuit, which held on March 13, 2017, that the company’s delivery drivers may be eligible for up to $10 million in overtime pay, because the lack of a comma in the statute regarding exemptions from the state’s wage and hour law rendered the scope of the exemption ambiguous.

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Chicago Releases Draft Rules on Pharmaceutical Representative Licensure

In a previous blog post, we discussed a City of Chicago Ordinance, set to take effect on July 1, 2017, that will require pharmaceutical sales representatives to obtain a license before being able to operate within city limits. The draft rules for this ordinance were released on March 17, 2017.

These rules provide additional detail regarding the licensure requirements as well as other associated education and disclosure requirements with which pharmaceutical representatives will be expected to comply beginning in July of this year. In order to obtain initial licensure as a pharmaceutical representative, applicants must complete an online course that will provide an overview of these requirements.

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Talking Tax – Issue 70

ATO Guidelines

Draft Law Companion Guideline for planned changes to GST on low value imported goods

On 16 February 2017, the Government introduced Treasury Laws Amendment (GST Low Value Goods) Bill 2017 (the Bill) to Parliament that proposes to extend the GST Act and ensure that GST is payable to low value goods that are purchased or imported by consumers in Australia from 1 July 2017.

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Six key questions for understanding legal technology developments

There is massive hype and conjecture about where technology is taking legal services but I think we need to remind ourselves that technology alone isn’t going to make the difference. Technology has the capacity to be an enabler of change, but the technology itself is not a differentiator, nor does it create a strategic advantage by itself.

Gaining a strategic advantage by its nature must be hard to replicate. If it was as easy as just buying technology, anyone could do it. A strategic advantage is carved out by the effective combination of people, process and technology. We’re loving the debate and discussion around technology at Hall & Wilcox, and we enjoyed participating in the recent Chilli IQ Managing Partners Forum around the “Agent of Change” theme.

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