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As companies consider where to locate their office headquarters, manufacturing plants, data centers or other support functions, it is also important to determine not only which location provides the most competitive labor talent, minimizes distribution costs and provides the lowest real estate costs, but also where the company has the opportunity to capture the best package of incentives.
While incentives should never be the main driver in site selection, they can make a huge difference in the overall costs for a given project. Incentives typically are tax-oriented, and in some cases, when the investment is substantial, the state selected for a facility can completely change the company's tax position. It is, therefore, imperative that your adviser has both real estate and tax expertise in navigating through each prospective state's tax statutes. Using an adviser with no prior experience can be like maneuvering the Titanic through the ice fields.
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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.
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.
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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.