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HTMLFair Work Commission Rules that Compulsory Health Assessments are Unreasonable
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In Transport Workers' Union v Cement Australia Pty Ltd [2015] FWC 158, the Fair Work Commission ("FWC") ruled that it was unreasonable for Cement Australia Pty Ltd ("Cement Australia") to introduce a compulsory Physical Risk Review Program (the "Program")....

 

HTMLTax Exempt Temporary Expatriation Allowances
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
Pursuant to article 81 A of the French tax code, a favorable tax regime applies to temporary expatriation allowances paid out to French employees sent abroad for business trips exceeding 24 hours. This regime is inter alia subject to the condition that these allowances do not exceed 40 percent of...

 

HTMLNo Implied Term of Mutual Trust and Confidence in Probationary Contracts
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In State of New South Wales v Shaw [2015] NSWCA 97, the Court of Appeal overturned a decision of the District Court of New South Wales in which it implied a term of mutual trust and confidence in the probationary contracts of two Aboriginal teachers.

 

HTMLFrench 3 Percent Tax on Distributed Income - Noncompliant with EU Law?
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
For distributions paid out from 2012 onward, France has introduced a 3 percent tax due, with certain exceptions, by corporate taxpayers (including under certain conditions French branches of foreign companies) that distribute dividends. Given that the French corporate tax is based on a territorial...

 

HTMLUnreasonable to Require Consideration of Redeployment to "Associated Entities" Lacking Common Managerial Control
Adam Salter; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
In recent FWC decisions, the unfair dismissal claims of four mineworkers employed by a Rio Tinto subsidiary have been dismissed by the Commission, confirming that workers who seek redeployment in an associated entity must establish evidence of overall managerial control and integration between the...

 

HTMLDeduction of Final Tax Losses
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
On April 15, 2015, the Conseil d'Etat ruled on the French treatment of the tax losses incurred by a non-French subsidiary of a French parent.

 

HTMLApplication of VAT Rules to Transactions between Head Office and Permanent Establishment
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
For French corporation tax purposes, a French permanent establishment (PE) of a non-French tax resident corporation is treated as a separate taxable person including, generally, in its dealings with its head office. International tax treaties, signed by France, define how income and expenses...

 

HTMLFDA Finalizes Three Guidance Documents on Biosimilars
Edgar J. Asebey, Maureen Bennett, Christian B. Fulda, Colleen Heisey, Christopher M. Mikson; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
FDA recently finalized three draft guidance documents addressing scientific and regulatory issues associated with the development and licensure of biosimilars.

 

HTMLVAT Treatment of Acquisition Costs Recharged to Other Entities of a Group
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
On January 23, 2015, the Conseil d''Etat issued a decision on whether the turnover attributable to the recharge to other entities of a group of acquisition costs generated within the course of a corporate reorganization could be taken into account for the purposes of the determination of a holding...

 

HTMLIllustration of the VAT Recovery Principles Applicable to Sales of Shares
Nicolas Andre, Siamak Mostafavi, Alexios Theologitis; Jones Day;
Legal Alert/Article
May 15, 2015, previously published on May 2015
The Conseil d'Etat has already had the opportunity to rule on the recoverability of the input VAT attached to the costs pertaining to an acquisition of shares.

 


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