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Foreign worker protests and EU labour law

Article 49 of the EC Treaty prohibits restrictions on the freedom to provide services within the EU; Article 43 similarly prohibits restrictions on the freedom to establish businesses. Together with a prohibition on the grounds of nationality, these...


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Quarterly labour law update - December 2008

This edition of our quarterly labour law update contains the following content: News ACAS consults over amended time–off Code of Practice Redundancy and key labour law pointers The outlook for industrial unrest Last minute t...


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HR e-briefing 397 - EU agrees major changes to European Works Councils

The European Parliament agreed to a new 'recast' version of the European Works Council (EWC) Directive on Monday 15 December and this was confirmed when MEPs voted in favour on Tuesday 16 December. The recast EWC Directive is now expected to be...


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Quarterly labour law update: October 2008

This edition of our quarterly labour law update contains the following content: News number of days lost to strikes in 2007, the highest in five years trade union membership falls in 2007 <...


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Covid-19 Tax Legislation Update

With the continued economic impact of the Covid-19, amendments and updates were published on 1 May 2020 to address various tax relief measures that are available to qualifying taxpayers. The initial measures contained in the draft Disaster Managemen...


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Coronavirus – Changes in the customs regulation and the EAEU – Russia

Due to COVID-19 pandemic, Russia and the EAEU1 have adopted a number of customs regulation measures aimed at stimulating the importation of necessary goods to Russia and the EAEU, mainly through tariff regulation measures as well as restricting the ...


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Coronavirus - Treasury Update: Zero-rating from 1 May 2020 - UK

Summary The UK Government has recently announced the zero-rating for supplies of PPE equipment and E-Publications from 1 May 2020.  E-Publications means electronically supplied books, brochures, pamphlets, newspapers, magazines, journals a...


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UK tax authorities issue draft guidance on DAC6 amidst further calls for postponement of measures

As part of the EU’s general clampdown on certain forms of aggressive tax planning, Directive 2011/16/EU (commonly known as DAC6) will soon require taxpayers and intermediaries across the EU to start reporting information in relation to certain...


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Coronavirus - Tax Developments - Global

Authorities across the globe are rapidly employing short-term protective measures against the economic impacts of COVID-19. The efforts include measures support businesses and their employees. Our team of tax lawyers is actively monitoring global r...


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Coronavirus - Flat-rate carryback for expected losses – Germany

Retroactive reduction of advance tax payments for 2019 ... Due to the coronavirus crisis, many taxpayers can expect their income to collapse considerably in 2020, leading to losses that can be offset against tax payments. Such losses can be off...


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Coronavirus – Extension for filing of preliminary wage tax returns – Germany

Relief through extension of filing deadlines for employers in the Corona crisis In a letter dated 23 April 2020, the Federal Ministry of Finance has provided tax relief by extending the filing deadlines for preliminary wage tax returns (Lohnsteuer-A...


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Coronavirus – Austria and German agreement on tax treatment of home office working - Germany

In line with the Federal Ministry of Finance's press release dated 3 April 2020, Germany and Austria have concluded a mutual agreement for Covid 19-related home office activities on 15 April 2020, which relates to the application of the Double Tax ...


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IR35 – Could your business be facilitating tax evasion?

What you need to know As part of the response to COVID-19 the Government has delayed the introduction of the new IR35 rules (which extend the current IR35 rules that apply to public sector bodies to medium and large private sector organisations) unt...


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Coronavirus - DTA Luxembourg and DTA Netherlands – Cross-border commuters (“Grenzpendler”) working in their home offices - Germany

German-Luxembourg cross-border commuters Luxembourg and Germany have concluded a mutual agreement (Verständigungsvereinbarung) for Covid 19 related home office activities (für Corona bedingte Home Office Tätigkeiten) on 3 April 2020,...


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Tax residence and permanent establishments in the time of Covid-19

Where do I lay my hat? Tax residence and permanent establishments in the time of Covid-19 Read the article here > This article was first published in Taxation on 9 April 2020....


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Coronavirus - Tax relief measures for volunteers and donations – Germany

Tax relief for volunteers and donations in the Corona crisis The Corona crisis poses enormous challenges for the whole society. In order to mitigate the spread of the pandemic, a wave of helpfulness and solidarity has been raised to assist the fello...


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Coronavirus - (Real Estate) investment funds in the Corona crisis: Liquidity risks through regulatory and tax provisions - Germany

No support in the Corona crisis... The measures already initiated by the German Federal Government and the EU Commission to support and secure liquidity in the Corona crisis are focused on the industries directly affected by Corona/ COVID 19. They ...


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Coronavirus - Guidance on corporate residence and permanent establishments – UK

In the midst of the current COVID-19 pandemic, businesses have been faced with a series of international tax questions on residence, permanent establishments and taxing rights of employee income. The general ambiguity of some of these tests does not...


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Coronavirus - Import duty and VAT on medical supplies, equipment and protective clothing - Europe

In order to help in the fight against COVID-19, the European Commission has adopted a Decision, addressed to the Member States, which allows for tax authorities across Europe to offer import tax reliefs to importers of personal protective equipment ...


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Coronavirus – Tax support for businesses – Russia

The main support measures proposed by the government that affect the payment of taxes, fines and penalties On March 31, 2020, the State Duma and the Federation Council of the Russian Federation approved the Draft of Federal Law No. 862653-7, which i...


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Coronavirus – VAT relief for businesses – UK

  On 26 March 2020, the Chancellor Rishi Sunak proposed a package of tax measures relevant to UK businesses, large and small to help ease the pressures we face from the impact of COVID-19.  One of the measures in force, is the deferral of ...


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Coronavirus - Requirements for granting tax relief - Germany

Corona tax deferrals in the light of the applicable law Since the publication of the guideline from the German Federal Ministry of Finance ("Bundesfinanzministerium", BMF) published 19 March 2020 (cf. our ...


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New UK consultation on notification of uncertain tax treatment by large businesses

The UK government announced at the March Budget that they intend to introduce a requirement for large businesses to notify HMRC where they adopt an “uncertain tax treatment”.  The proposal is designed to improve HMRC’s ability...


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Coronavirus – HMRC Stamp Office reacts to COVID-19 measures - UK

The UK HMRC Stamp Office has released details of how it will temporarily change its procedures to allow for the submission and payment of stamp duty in respect of transfers of shares in UK companies. The standard requirements of HMRC in order to st...


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Coronavirus - Tax Developments - Germany

  German Finance Ministry Offers Protective Shield and Other Special Tax MeasuresMarch 13, 2020 The German Finance Ministry announced an unlimited protective shield for all companies in Germany. Pro...


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UK government Budget response to Coronavirus outbreak

Given the development of the COVID-19 situation, it was anticipated that the UK government Budget would have a very different focus than originally expected. Trailed as the showcase fiscal policy event of the new Conservative government, it was alw...


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EU “blacklist”, Cayman Islands and DAC6

On 18 February 2020, the Council of the EU added the Cayman Islands, along with Palau, Panama and Seychelles to its list of non-cooperative jurisdictions for tax purposes. These territories join eight other jurisdictions (namely, Fiji, Oman, Samoa,...


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Tax Proposals in the 2020 Budget

In a difficult economic climate, Minister Tito Mboweni delivered a budget speech, which on the face of it appears to provide a number of positive outcomes, including the provision of personal income tax relief through an above inflation increase in ...


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Taxing the Digital Economy – Are we nearly there yet?

Introduction On 31 January 2020, the OECD issued a further update on its work on the taxation of the digital economy. The catchily titled “Statement by the OECD/G20 Inclusive Framework on BEPS on the Two-Pillar Approach to Address the Tax Chal...


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DAC6 Update

Overview On 13 January 2020, HMRC published a summary of responses to the consultation on the implementation of DAC6 – the EU-wide regime which provides for the disclosure of certain cross-border arrangements to tax authorities. The response d...


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Crypto Tax Update: HMRC publishes updated guidance on the taxation of cryptoassets for individuals – situs of exchange tokens

  What’s new? On 20 December 2019, HMRC published an updated version of its guidance on the taxation of cryptoassets for individuals. The guidance was updated to include a new section in respect of the location (situs) of exchange tokens ...


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Italian Digital Service Tax

Italian Digital Service Tax        The Italian 2020 Budget Law (re-)introduced a unilateral Digital Services Tax (“DST”), effective as of January 1st, 2020, that is simi...


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Six highlights of DAC6 – A new European Union information reporting regime

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Crypto Tax Update: HMRC Publishes Guidance on the Taxation of Cryptoassets for Businesses

  Summary On 1 November HMRC published its much anticipated guidance on the taxation of cryptoassets for businesses. The guidance sets out HMRC’s view on the taxation of transactions involving cryptoasset exchange tokens (such as Bitcoin)...


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German tax refund opportunity

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Have you made full disclosure in your tax return?

    With the deadline for individuals (who are not provisional taxpayers) fast approaching for submitting their tax returns, a question that is worth asking is whether full disclosure has been made in the relevant tax return. A taxpayer ha...


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Dividend Stripping Provisions in Updated Tax Bills

With the delivery of the Medium Term Budget Policy Statement on 30 October 2019, updated and amended draft tax bills have been released highlighting the latest proposed amendments to the relevant tax acts.  The amended bills contain the le...


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VAT and Operators of ATMs

  The recent Court of Justice decision in Finanzamt Trier v Cardpoint GmbH (Case C-42/18), released on 3 October 2019, has decided that operators of automated teller machines (“ATMs”) must now charge VAT on their fees for services t...


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Tax Journal - VAT deductibility for fund-raising: clarity at last

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Brexit Briefing: Cross Border Employees and Social Security Contributions

  1. Brexit Implications for Social Security Contributions 1.1 If the UK leaves the EU there may be social security implications for UK employers who have employees working in the EU, EEA or Switzerland. If there is a no deal Brexit then action...


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2020 Luxembourg budget draft law: Tax rulings granted before 2015 are no longer valid!

In Brief: According to the 2020 budget draft law n°7500, published on 14 October 2019 (the “Bill”), the validity of advance tax agreements (“ATAs”) granted prior to 1 January 2015 should now be limited to five years. Sinc...


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Coronavirus - Alert level 4 lockdown regulations – South Africa

Under Gazette number 43258 of 29 April 2020, the Department of Co-Operative Governance and Traditional Affairs has issued regulations (“Regulations”) that repeal Government Notice No. 318 of 18 March 2020, as amended by Government Notice...


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Eversheds HR e-briefing 543: Queen's Speech: what news for employment law?

As part of the State opening of Parliament, the Queen today set out the government’s plans for legislation over the course of the new parliamentary session.  Disappointingly, however, the Queen’s Speech contained...


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Coronavirus –draft FCA guidance for the Insurance industry – customers in temporary financial difficulty and product value - UK

On 1 May, the FCA issued two sets of draft guidance which will be important reading for all firms involved in insurance arrangements and particularly insurers, intermediaries and premium finance lenders. As it considers that the delay involved in co...


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Rihan v Ernst & Young Global Ltd & Others – Duty of Care extended in relation to former partner

Summary In this case certain E&Y entities based in London were ordered to pay USD10.8 million for loss of earnings to a whistleblowing former auditor employed by an E&Y entity that was not based in the UK and not party to the proceedings. Th...


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Coronavirus – FCA expectations of general insurance firms - UK

The FCA has published information on its expectations of general insurance firms in relation to their treatment of consumers during the coronavirus (Covid-19) pandemic. The FCA has also published information for consumers on what they sho...


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Coronavirus – FCA expectations of general insurance firms - UK

The FCA has published information on its expectations of general insurance firms in relation to their treatment of consumers during the coronavirus (Covid-19) pandemic. The FCA has also published information for consumers on what they sho...


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Open Finance – Don’t Miss Your Chance to Input

Late last December, the FCA issued a Call for Input (CFI)[1] to explore the opportunities and risks arising from Open Finance. Comments are due by Tuesday 17 March 2020 – don’t miss your chance to ha...


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Business Interruption Policies and Flooding Maximising Recovery

The UK has suffered widespread damage as a result of recent flooding over the winter of 2019/20, with anticipated losses in excess of £400m. If flood-related interruption to a business is significant, property and business interruption (“BI”) polici...


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Coronavirus Coverage – Policy Issues to Ponder

The global impact of Coronavirus is now undeniable, as one might expect from a highly contagious disease originating from the world’s second largest economy and most populous nation.  Insurance claims are bound to follow and whilst market...


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