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A U.S. franchisor looking to expand into Canada has a daunting, but entrepreneurially acceptable, challenge ahead. One of the issues to be dealt with early on is: How will I be taxed at home and “abroad”? That's right: “abroad.” As tempting as it may be to view Canada as the 51st state, it just isn't so. North of the 49th parallel of latitude lies a foreign country complete with all the usual structural pitfalls.
Canada's tax system has many of the outward appearances of the U.S. system. There are some serious structural differences (such as the magnitude of absolute rates, marginal rates, federal-provincial arrangements, etc.), but the basic fact is that each country imposes taxes on income derived from commercial activity taking place within its borders, and has special rules to be applied when certain types of payments cross that 49th parallel. Fortunately, there is a tax treaty between the U.S. and Canada to bring better order, fairness, and balance to the process.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.