Chicago, USA

Understanding the Foreign-Derived Intangible Income Deduction (FDII)

By Howard Bakrins, Kutchins, Robbins & Diamond, Ltd. (KRD)

US corporations that generate income from export activities should consider if the foreign-derived intangible income (FDII) deduction applies. The Tax Cuts and Jobs Act (TCJA), passed in 2017, made significant changes to the taxation of foreign income of US businesses. One of these changes was the creation of the FDII deduction.

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Tirana, Albania

Right to a Fair Trial

By Oltion Kaçani, Gjika & Associates Attorneys at Law

Recent developments and ongoing changes in civil and commercial relations should necessarily be reflected in legislation, in particular in the procedural legislation. Judicial procedures for adjudicating cases of every nature are important, as they must guarantee to all citizens effective access, fair trial and, within a reasonable time, independent and impartial tribunal and other guarantees stipulated by Article 6 of the European Convention on Human Rights.

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Rothenburg ob der Tauber, Germany

Highest Court Ruling Saves Costs for Shareholders’ Approval in a German Limited Liability Company (GmbH)

By Dr Angelika Baumhof and Christian Pflaeger, Jakoby Dr. Baumhof - Wirtschaftsprüfer Steuerberater Rechtsanwälte

For a long time, it was uncertain whether a notarised shareholders’ resolution of approval is required in the case of a German limited company (GmbH) selling all or substantially all of its assets. It was clear that a shareholders’ resolution of approval is required, but not its form. On 08 January 2019, the German Federal High Court of Justice (II ZR 364/18) ruled that the legal provision § 179a AktG (German Stock Corporation Act) does not apply by analogy to German limited companies (GmbHs). Section 179a AktG stipulates that the sale of the business of a German stock company requires a notarised resolution of the meeting of the stockholders with not less than a majority of three fourths, otherwise the transaction is null and void.

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Sydney, Australia

Australia’s New Surcharge Taxes on Non-Residents

By Tony Nunes and Lishi Huang, Kelly+Partners Chartered Accountants

Foreign residents looking to invest in property in Australia should be aware that in all states, non-residents are subject to additional taxes for buying and holding residential property. It may be possible to structure the investment to minimise the impact of these taxes, however they should be factored into the investment decision.

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