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    Liquidators’ liability for GST – draft legislation released
    2009-07-31

    Exposure draft legislation has been released which proposes amendments to the GST legislation to make it clear that liquidators and other representatives of incapacitated entities are liable for GST on transactions within the scope of their appointment.

    Date of effect

    It is proposed that the main operative provisions of the legislation have effect retrospectively from the commencement of the GST Act on 1 July 2000.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Norton Rose Fulbright, Tax exemption, Bankruptcy, Unsecured debt, Dividends, Tax credit, Consideration, Liquidation, Goods and services tax (Canada), Liquidator (law), Aircraft registration, Goods and services tax (Australia), Goods and Services Tax (New Zealand), Constitutional amendment, Federal Court of Australia
    Authors:
    Peter Norman
    Location:
    Australia
    Firm:
    Norton Rose Fulbright
    Welcome back tax exemption for restructuring gains!
    2018-12-04

    On 28 November 2016 the German Federal Fiscal Court (FFC) (GrS BFH 1/15, published on 8 February 2017) held that the guidance on a reorganisation tax privilege (Reorganization Decree (Sanierungserlass)) issued by the German Federal Ministry of Finance (FMF) in 2003 was invalid. The ruling has created great uncertainty for the restructuring practice in Germany regarding the proper tax treatment of restructuring gains.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Litigation, Tax, White & Case, Tax exemption, Income tax, European Commission
    Authors:
    Dr. Dirk Eisolt , Riaz K. Janjuah
    Location:
    European Union, Germany
    Firm:
    White & Case
    Germany: New tax exemption for debt restructuring gains in Germany
    2017-04-12

    With its judgment of November 28, 2016, the German Supreme Tax Court (Bundesfinanzhof; “BFH”) dismissed the application of the tax administration’s so-called restructuring decree (Sanierungserlass). The restructuring decree allowed, subject to certain conditions, a suspension and abatement of taxes on so-called cancellation-of-debt income (“COD-Income”) otherwise resulting from certain recapitalization measures such as the waiver of debt and “debt-to-equity swaps”.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Tax, Baker McKenzie, Tax exemption, Debt restructuring
    Authors:
    Dr. Christian Port , Dr. Dr. Norbert Mückl
    Location:
    European Union, Germany
    Firm:
    Baker McKenzie
    Tax Exemption Offers Relief in the German Restructuring Market
    2018-11-23

    German legislator finally introduces tax exemption for income resulting from debt waivers in restructuring scenarios with retroactive effect.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Tax exemption, Debtor, Waiver, Limited liability partnership
    Authors:
    Thomas Fox , Tobias Klass , Hendrik Hauke , Frank Grell , Jörn Kowalewski , Tim Nobereit
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Russland: Keine Steuerfreiheit von Gewinnen aus Forderungsverzichten ab 2018
    2018-02-06

    Bundesgesetz Nr. 286-FZ vom 30. September 2017 über die Einführung von Änderungen des zweiten Teils des Steuergesetzbuches und einiger Gesetzgebungsakte der Russischen Föderation

    Hintergrund

    Filed under:
    Germany, Russia, Insolvency & Restructuring, Tax, Advant Beiten, Tax exemption, Balance sheet
    Authors:
    Anna Lesova , Florian Teichert
    Location:
    Germany, Russia
    Firm:
    Advant Beiten
    A Tale of Two States: Puerto Rico and Chapter 9
    2016-06-30

    Puerto Rico is in the midst of a ­financial crisis. Over the past few years, its public debt skyrocketed while its government revenue sharply declined. In order to address its economic problems and to avoid mass public-worker layoffs and cuts in public services, the unincorporated U.S. territory issued billions of dollars in face value of municipal bonds. These bonds were readily saleable to investors in the United States due to their tax-exempt status and comparatively high yields.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Duane Morris LLP, Bond (finance), Federal preemption, Tax exemption, Bankruptcy, Debtor, Debt, Investment funds, Municipal bond, US Congress, The Legal Intelligencer, Supreme Court of the United States, First Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    Puerto Rico, USA
    Firm:
    Duane Morris LLP
    Unexpected deletion of STC exemption of liquidation distributions
    2010-10-28

    In terms of section 64B(5)(c) of the Act the following amounts will be exempt when distributed in the course of or in anticipation of the liquidation, winding up, deregistration or final termination of the corporate existence of a company or close corporation, provided that certain steps are taken within 18 months from the date of the liquidation distribution, namely;

    Filed under:
    South Africa, Insolvency & Restructuring, Tax, ENS, Tax exemption, Dividends, Budget, Liquidation, Bénéfice, Constitutional amendment, Article V US Constitution
    Authors:
    Beric John Croome , Janel Strauss
    Location:
    South Africa
    Firm:
    ENS
    Significant proposals to amend Canada’s foreign affiliate tax rules
    2011-08-22

    On August 19, 2011, the Federal Minister of Finance released a significant package of proposed amendments to Canada’s income tax rules applicable to Canadian multinational corporations with foreign affiliates (the Proposals).  The Proposals apply to most distributions from, and reorganizations of, foreign subsidiaries of Canadian corporations and contain new rules applicable to certain loans received from foreign subsidiaries that remain outstanding for at least two years, among other significant changes.  In addition to certain important new measures, the Proposals replace numero

    Filed under:
    Canada, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Osler Hoskin & Harcourt LLP, Share (finance), Tax exemption, Shareholder, Dividends, Foreign exchange market, Income tax, Liquidation, Tax deduction, Subsidiary, Federal Ministry of Finance (Germany), Department of Finance Canada, Constitutional amendment
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Alberta exempts registered savings plans from seizure
    2010-05-14

    One more province has joined the ranks of extending creditor protection to registered savings plans. Alberta’s Civil Enforcement Amendment Act came into force on October 1, 2009 (the “Act”). It applies to registered retirement savings plans (RRSPs), registered retirement income funds (RRIFs), deferred profit sharing plans (DPSPs) and registered disability savings plans (RDSPs).

    Fair Treatment

    Filed under:
    Canada, Alberta, Employee Benefits & Pensions, Insolvency & Restructuring, Miller Thomson LLP, Tax exemption, Bankruptcy, Debtor, Beneficiary, Retirement, Life insurance, Investment funds, Disability, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Wendi P. Crowe
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Canada introduces amendments to CDIC Act to clarify provisions on assignments of eligible financial contracts to bridge institutions
    2010-04-01

    Background

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Stikeman Elliott LLP, Tax exemption, Collateral (finance), Liability (financial accounting), UK House of Commons
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP

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