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HTMLNew Developments for Real Property Transactions
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On July 9, 2014, the German Supreme Fiscal Court decided a real estate transfer tax ("RETT") case that shines a new light on RETT structures. Contrary to the long-standing interpretation of the law, the court took the position that aspects of economic ownership are also relevant for RETT...

 

HTMLOECD Releases First BEPS Recommendations to G20 in Accordance with Action Plan
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As a part of the OECD/G20 project to combat base erosion and profit shifting ("BEPS"), the OECD released the first set of reports and recommendations on September 16, 2014.

 

HTMLRepeal of the Interest-Withholding Tax on Certain Cross-Border Loans
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As a rule, if a nonresident lender grants a loan to an Italian resident borrower, the interest paid on the loan is subject to a 26 percent withholding tax in Italy unless the lender is eligible for the exemption under the Italian laws that implemented the EU Interest and Royalties Directive. The...

 

HTMLTokyo District Court Allows Tax Saving from Share Repurchase
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On May 9, 2014, the Tokyo District Court reversed a large tax that had been imposed on a large U.S. multinational's Japanese holding company ("Japan HoldCo").

 

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.

 

HTMLUniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the "UFTA"), which is currently in force in 43 states (all states except Alaska, Kentucky, Louisiana, Maryland, New York, South Carolina, and...

 

HTMLJudgment of Tokyo District Court: Application of a General Anti-Avoidance Rule Concerning Reorganization Transactions
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On March 18, 2014, the Tokyo District Court affirmed corporate tax assessments against two tax payers: Yahoo Japan Corporation ("Yahoo Japan"), a Tokyo Stock Exchange listed company, and IDC Frontier Inc. ("IDCF"), a wholly owned subsidiary of Yahoo Japan.

 

HTMLLuxembourg-France Tax Treaty: Amendment Signed on September 5, 2014
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 5, 2014, French Minister of Finance Michel Sapin and Luxembourgian Minister of Finance Pierre Gramegna signed an amendment to the France-Luxembourg Tax Treaty (1958) (the "Tax Treaty"), as amended by the 1970 exchange of letters and by the 1970, 2006, and 2009 protocols.

 

HTMLSupreme Court Denies Cert in Herb Reed: Circuits to Remain Out of Tune as to Presumption of Irreparable Harm
John G. Froemming, Angela R. Gott, Candice M. Reder, Meredith M. Wilkes; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The United States Supreme Court denied certiorari on October 6, 2014, in Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., leaving trademark litigants uncertain as to whether to apply the traditional presumption of irreparable harm at the preliminary injunction stage.

 

HTMLFurther Reference to CJEU on Card Handling Charges
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
The First Tier Tax Tribunal has referred certain questions regarding the liability for VAT of card handling charges to the Court of Justice of the European Union ("CJEU") in the case of Bookit Ltd v The Commissioners For Her Majesty's Revenue & Customs.

 


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