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Document(s) published by this organization: 358


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HTMLThe Netherlands to Expand its Fiscal Unity Regime to Second-Tier Subsidiaries and Sister Companies Following EU Court of Justice Ruling
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On June 12, 2014, the EU Court of Justice ("ECJ") ruled in two joint cases that the Dutch fiscal unity regime infringes on the EU freedom of establishment, because it does not allow a fiscal unity between (i) a Dutch resident parent company and its second-tier Dutch resident subsidiary...

 

HTMLTax Rules Included in the Mexican Energy Reform
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On August 6, 2014, the Mexican Congress approved some of the secondary legislation related to the so-called Mexican Energy Reform. The approved laws were published in the Mexican Official Gazette on August 11, 2014. Among the approved secondary legislation is the Hydrocarbons Revenues Law, which...

 

HTMLEPA Proposes to Eliminate Startup, Shutdown, and Malfunction Affirmative Defenses Under Clean Air Act
Jane K. Murphy, Charles T. Wehland; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Environmental Protection Agency ("EPA") proposed on September 5, 2014 to prohibit excess emissions during periods of startup, shutdown, or malfunction ("SSM") in State Implementation Plans ("SIPs") under the Clean Air Act ("CAA"). EPA...

 

HTML"Protectionist" French Excise Tax on Certain Types of Beer Complies with EU Law
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 13, 2014, it was reported by the trade press that the European Commission had found that the increase by 160 percent of French excise tax on certain types of high-alcohol-content and luxury beers that was introduced on January 1, 2013 did not fall afoul of the free-market principles of...

 

HTMLSDLT and Property Investment Funds
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The UK government has announced that it will be looking at whether any changes are needed to current stamp duty land tax ("SDLT") rules to cater for two specific forms of collective investment scheme designed for investors in the UK market.

 

HTMLDraft Guidance for the General Anti-Avoidance Rule
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On July 3, 2014, the State Administration of Taxation (the "SAT") released a discussion draft on the Administrative Measures on the General Anti-Avoidance Rule (the "Draft Measures). The General Anti-Avoidance Rule ("GAAR") was introduced in China Corporate Income Tax Law...

 

HTMLRecharged Costs and Expenses of Stock Option Plans Not Tax Deductible for the Belgian Employer
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On June 25, 2014, the Brussels Court of Appeal confirmed an earlier ruling (dating from 2010) from the Tribunal of First Instance. The tribunal had found that costs and expenses in connection with an international stock option plan recharged by a South African parent company to its Belgian...

 

HTMLU.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title"...

 

HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a...

 

HTMLNo Corporate Income Tax on an Undervaluation of Shares Acquired by Belgian Holding Company
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
Following a very long and winding road in several courts, it has finally been confirmed that Belgium cannot impose corporate tax on any undervaluation of or underpayment for shares acquired by a Belgian corporate taxpayer. Thus, when a Belgian corporation buys shares at a price below fair market...

 


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