Monthly Archives: July 2017

ILN Today Post

Data Agreements for Analytics Organizations: What You Need to Know

Data is omnipresent. It is created constantly, during every interaction and on every device. It is used by every type of company, regardless of its size, business model, or industry sector. It also informs nearly every type of business decision from supply inventory and pricing goods to placing advertising, predicting trends, and interacting with customers.

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Take 5 Newsletter: Five Workforce Management Challenges in Unprecedented Times

Employers across all industries are deep in the midst of exciting but unchartered and fluid times. Rapid and unforeseen technological advancements are largely responsible for this dynamic. And while there is a natural tendency to embrace their novelty and potential, the reality is that these advancements are often outpacing our regulatory environment, our bedrock legal constructs, and, in some cases, challenging the traditional notions of work itself.

For employers, this presents numerous challenges and opportunities—from the proper design of the portfolio of the modern workforce, to protecting confidential information in an increasingly vulnerable digital world, to managing resources across less and less predictable borders, and to harnessing (while tempering the power of) intelligence exhibited by machines.

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ILN Today Post

The Predicament of Linguistic Minority Schools

With the intent to enable minorities to protect and preserve their language, culture and religion and also to promote and provide education to minorities in general, Article 30 of the Constitution of India (“CoI”) grants minorities the right to establish and administer educational institutions/schools of their choice. Minority status educational institutions enjoy several rights/liberties and a much higher level of administrative and operational freedom as compared to non-minority institutions. The obligations of a non-minority institution is further compounded by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act”), which inter alia requires admission to students of weaker sections and economically deprived community constituting 25% of the total strength of students, an obligation which is not applicable to minority institutions1. Post implementation of the RTE Act, the applications seeking minority status has seen significant increase for the obvious reasons.

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ILN Today Post

Public Registry of Commerce approves Simplified Corporation regulation

Today, the Public Registry of Commerce (Inspección General de Justicia”) has approved the regulation of theSimplified Corporation (Sociedad Anónima Simplificada or “SAS”), which will enable the incorporation of this type of companies as from September 1. The main features of the SAS are the following:

 The SAS may be incorporated by one shareholder and the formalities of incorporation have been relaxed substantially.

 The incorporation may be completed within 24 hours.

 The initial minimum corporate capital is very low (approx. USD 1,000).

 Simplified valuation procedure of capital contributions in kind (e.g. trademarks, software, etc.).

 More flexibility to create different stock classes and special rights.

 Flexibility to design the management structure.

 Only one director must be an Argentine resident.

 Simplified accounting and corporate records.

 National Tax ID may be procured within 24 hours.

 Reduced timing for opening a bank account.

Please let us know should you need further information.

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Talking Tax – Issue 87

Case law

Is it ‘dominant use’? A lesson for taxpayer seeking to claim primary production land tax exemption

In Redmadi Pty Ltd v Chief Commissioner of State Revenue [2017] NSWCATAD 231, the Civil and Administrative Tribunal (Tribunal) dismissed the application and affirmed the Chief Commissioner for State Revenue’s (Commissioner) decision to deny a primary production land tax exemption to a taxpayer on the basis that it was not satisfied that land was used for the dominant purpose of primary production within the meaning of section 10 AA of the Land Tax Management Act 1956 (Act).

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ILN Today Post

Pennsylvania: Fight to block soda tax goes to the state Supreme Court

Last December, a trial court dismissed a lawsuit that a group of stakeholders filed against the city of Philadelphia and the Department of Revenue, as we described at the time. In their complaint, the plaintiffs alleged that the so-called beverage tax, the imposition and collection of which began on Jan. 1, 2017, unlawfully duplicated the already-existing sales and use tax on soft drinks in violation of the Pennsylvania Sterling Act; that it unlawfully circumvents the state taxing power; and that it violates the state constitution’s uniformity clause. The uniformity clause provides that “[a]ll taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws.”

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ILN Today Post

Texas: Lawmakers introduce new attempt to manage property taxes

On June 6, 2017, Gov. Greg Abbot unhappily announced a legislative special session that would begin on July 18, 2017. Emphasizing his mood, he declared that “[a] special session was entirely avoidable, and there was plenty of time for the legislature to forge compromises to avoid the time and taxpayer expense of a special session.”

In his official July 10, 2017, proclamation to convene the session, the governor cited his reason – the looming statutory elimination of the following five agencies on Sept. 1, 2017, absent legislative action:

  1. The Texas Medical Board
  2. The Texas State Board of Examiners of Psychologists
  3. The Texas State Board of Examiners of Marriage and Family Therapists
  4. The Texas State Board of Examiners of Professional Counselors
  5. The Texas State Board of Social Worker Examiners.

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ILN Today Post

Sales tax holidays coming up in several states

It is no secret that sales tax holidays are controversial amongst economists. A MarketWatch article quoted the deputy director at the Institute on Taxation and Economic Policy as opining that “[s]ales tax holidays may provide some taxpayers savings on necessary purchases, but they’re a distraction from the bigger problems of our states’ upside-down tax systems.” Similarly, delivering tax relief could be more targeted and effective than sales tax holidays: “Having twice as much of your income be tax-free is more meaningful to a low-income person than taking off the sales tax one weekend a year,” said the executive vice president of the Tax Foundation.

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CHANGING CANADIAN TRADEMARK LAWS – THE NEXT STEPS

As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation. Canada has been modernizing its trademark law, including by moving to join three International Treaties administered by the World Intellectual Property Organization (WIPO) dealing with trademarks.  These include the Madrid Protocol, the Singapore Treaty and the Nice Agreement.  Canada has amended the Trade-marks Act to comply with the requirements of the treaties.  It is now taking other steps toward implementation of the changes.  One of these steps is these new proposed Trademark Regulations.

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ILN Today Post

Thailand Legal Update – Petroleum Act and Consumer Protection Act

Acts and regulations posted in the Royal Gazette in June 2017 including amendments to the Petroleum Act, new regulations under the Consumer Protection Act and from the National Anti-Corruption Commission.

1. Amendments of the Petroleum Act and Petroleum Income Tax Act
To comply with the national energy stability plan and secure Thailand’s petroleum reserves, the amended Petroleum Act and the Petroleum Income Tax Act came into force on June 23, 2017. Now instead of just concessions, the government can implement joint-production ventures (JPVs) and hire of service contracts.

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