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27 May 2020
Tax Treaty Interpretation: The Limits of Fiction
In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how the terms of a bilateral tax treaty should be applied. In particular, the Supreme Court held that although the UK deeming provision in question...
14 May 2020
Rapid resolution of domicile disputes: be careful what you wish for
In Henkes v HMRC [2020] UKFTT 7645 (“ Henkes ”), the First-tier (Tax) Tribunal (“ the Tribunal ”) held that (a) it could (and would) determine the taxpayer’s domicile status when determining an application for the closure of a domicile enquiry and (b) its determination of that issue would be...
27 March 2020
COVID-19: PRESSURE POINTS: WITHHOLDING TAX – UNEXPECTED LINKS, UNUSUAL MECHANISMS (RUSSIA)
On 25 March 2020 president Putin in his television speech addressing Russian citizens 1 announced a set of support measures to be provided to the poorest citizens and small and medium businesses in the context of the spread of COVID-19. At the same time, in addition to these measures, the President...
23 March 2020
COVID-19: Pressure Points: What tax issues should I bear in mind? (UK)
COVID-19 poses significant challenges to both people and businesses around the world. First and foremost, we hope all those reading this briefing, and their families, are well. This briefing provides a summary of the key tax issues that businesses should consider in the context of the pandemic and...
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
26 February 2019
The Inward Investment and International Taxation Review - 9th Edition: Russia Chapter
In the past few years, the Russian government has taken various measures to reduce adverse consequences of sanctions introduced by the United States, EU and certain other countries and to encourage foreigners to invest in Russia. The measures included major reform of corporate law, simplification...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
29 May 2020
Clearer guidance provided: the takeovers panel’s new equity derivatives guidance note
The Takeovers Panel has finally issued its updated guidance on the public disclosure of equity derivatives. This update guidance was published almost a year to the day after the Panel’s public consultation process closed. This article outlines what has changed.
29 May 2020
HKMA publishes report on bank culture self-assessment
On 22 May 2020, the Hong Kong Monetary Authority ( HKMA ) published a report on its review of self-assessments on bank culture. This is part of the HKMA’s bank culture reform supervisory measures, where 30 authorised institutions ( AIs ) were selected in the initial phase to conduct self-...
29 May 2020
COVID-19 exposes M&A risks
Each time our markets experience a major downturn we see bidders trying to extricate themselves from previously announced transactions. If there is a breach of a bid condition, this may be possible, but it typically gives rise to disputes and uncertainty, particularly if the bidder is proceeding...
28 May 2020
COVID-19: People: Post-lockdown issues for employers (UK)
On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Employers who shut down or reduced their operations at the start...
28 May 2020
ПРАВОВОЕ РЕГУЛИРОВАНИЕ ВТОРИЧНОГО РЫНКА СИНДИЦИРОВАННОГО КРЕДИТОВАНИЯ ПО РОССИЙСКОМУ ПРАВУ
Правовое регулирование вторичного рынка синдицированного кредитования играет важную роль в создании условий для привлечения на вторичный рынок максимального количества участников и, соответственно, развития российской банковской системы и экономики России в целом.
27 May 2020
COVID-19: Pressure Points: The Global Impact on the Mining Industry
Note: This resource has been updated on 26 May 2020 to include the US (Federal and the States of New York, California and Texas) and reflect recent developments in Australia and Peru. The COVID-19 pandemic is an unprecedented humanitarian and economic crisis. The mining industry has sought to...
27 May 2020
The View From Brussels: The negotiation of the Future Partnership between the EU and the UK
Negotiations on the Future Partnership between the UK and the EU have progressed through three rounds – held by video conference rather than face-to face given the current circumstances. According to the press-conferences, and in particular the introductory statement of the EU negotiator at the end...
27 May 2020
Tax Treaty Interpretation: The Limits of Fiction
In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how the terms of a bilateral tax treaty should be applied. In particular, the Supreme Court held that although the UK deeming provision in question...
27 May 2020
COVID-19: Governance: Changes to UK insolvency law undermine position of DB schemes and the PPF (UK)
The Government on 20 May 2020 published the Corporate Insolvency and Governance Bill , which contains the most far-reaching reforms to UK insolvency law in over 30 years. The Bill has been introduced on an emergency basis in an attempt to ensure that otherwise financially viable companies survive...
27 May 2020
COVID-19: Pressure Points: Opportunities to acquire IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
27 May 2020
COVID-19: Pressure Points: Sector update: Infraestructuras y Contratación pública nº 1 Mayo 2020 (Spain)
Bienvenido a la primera edición de nuestro update de infraestructuras y contratación pública. Aquí encontrarás algunas de las principales novedades más destacadas del sector. Esperamos que te sea de utilidad.
