Asset Finance

Recent Articles

•  

  28.03.2022

  Italy

  Itali­an court re­cog­nises ret­ro­act­ive ex­emp­tion on di­vidends to for­eign in­vest­ment funds

  In judgment No. 49/2022, the first instance Court of Pescara recognised that distribution of dividends from a resident company to a non-resident fund must be granted with an exemption regime from the Italian taxation authority. In particular, the decision of the Tax Court is based on recognition that in the years 2014, 2015 and 2016, subject to judgment, the Italian taxation regime for foreign funds was in contrast with the principles of free movement of capital (provided for by articles 63 and 49 of the TFEU), chiefly because exemption was granted only for receiving resident funds. On 1 January...

  Read more
•  

  27.02.2022

  International - Russia

  Hand­ling the new EU and UK sanc­tions against Rus­sia

  Since 2014, the EU and the UK have progressively imposed sanctions on Russia in response to the crisis in Ukraine. Following the latest events, both the EU and the UK, as well as many other countries, have imposed new sanctions. This article provides you with an overview of the most important changes. Read the full publication here >>

  Read more
•  

  16.08.2021

  Germany

  Ger­man tax court rules "rent­ing" vir­tu­al land is sub­ject to VAT

  The Cologne tax court (Finanzgericht Köln) ruled that sales generated from the rent of virtual land and buildings in the online computer game "Second Life" constitutes other services rendered for fees, but not services rendered by electronic means. A "second" virtual life in a computer game In "Second Life" players appear as avatars that buy or design virtual land, buildings, and objects, which can then be traded, sold or rented out. Fees are paid in the virtual currency "Linden dollars", which players can obtain by exchanging USD at a central trading place provided by the operator. The exchange...

  Read more
•  

  02.08.2021

  Singapore

  Tail­winds and Head­winds for Singa­pore’s Growth as an As­set Man­age­ment Hub

  This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC. Despite the onset of a global pandemic, 2020 was a good year for Singapore’s asset management industry. Assets under management (AUM) in Singapore rose 17% in 2020, outpacing the increases of 15.6% and 5.4% in 2019 and 2018 respectively. The good news comes on the back of various tailwinds that Singapore has experienced over the past few years. Singapore launched the new variable capital company (VCC) structure in January 2020 in a move to strengthen its position as a leading Asian...

  Read more
•  

  13.07.2021

  Germany

  Ger­man Fed­er­al Min­istry of Fin­ance is­sues draft de­cree on in­come tax treat­ment of vir­tu­al cur­ren­cies and tokens

  Until now, the classification of crypto currency revenue into taxation regimes in Germany was based on publications by the Hamburg Tax Authority, the Regional Tax Office of North Rhine Westphalia, tax court proceedings in provisional and protective measures, and research results in the tax law literature. The German Federal Ministry of Finance (BMF), however, is changing this with its issuance of a draft decree on the tax treatment of crypto currency revenue. Motive: Guidelines on the income tax treatment of virtual currencies and tokens It is already clear upon first reading of the draft now...

  Read more
•  

  01.06.2021

  International 

  Some leaks can­'t be fixed

  “Confidential information is like an ice cube... give it to the party who has no refrigerator or will not agree to keep it in one, and by the time of the trial you have just a pool of water.” This, from the so-called Spycatcher case (1987), applies well to corporate assets: fail to store them correctly and all you might have left is an expensive mess. The consequences of even a minor exposure of a trade secret can be huge. As this report reveals, the protection of trade secrets is rightly recognised by most senior executives as a priority issue. But the research also reveals gaps that...

  Read more