Introduction
US citizens(1) who are UK-resident beneficiaries of US trusts may be taxed twice on the trust s income or capital gains because of the overlapping scope of UK and US taxation. The UK-US Double Taxation Convention (the treaty) may not serve as the desired panacea where there is a mismatch in both the timing of tax liabilities and the taxpayer s identity under the domestic laws of each jurisdiction. This potential liability to double taxation may be an unfair cost of using such trusts to benefit members of transatlantic families. However, as outlined below, there are options for mitigating this exposure so that UK residents may benefit from US trusts without suffering cross-border double taxation.
Introduction
In its initial response to the White Paper published in February 2020, the government indicated that it was minded to appoint Ofcom as the regulator responsible for oversight of the new regime, to be primarily funded from industry. While consultation responses were balanced as to the benefits and risks of appointing a new body as against extending the powers of an existing one, the government has confirmed Ofcom as the regulator, emphasising that empowering an existing regulator would help the timely introduction of the online harms regime . As Ofcom s name has been bandied around throughout the whole consultation, the decision to stick with an existing regulator isn t in itself that surprising, although the Final Response does contain some eye-catching detail, including regarding the teeth that the regulator will have to bring companies into line.
Background
In 2016 various drivers brought claims against Uber for the national minimum wage, holiday pay and detrimental treatment for whistleblowing. To succeed, the drivers had to be workers for the purposes of the relevant legislation rather than independent contractors.
While there are (confusingly) slightly different worker tests in different statutes, for present purposes a worker is either:
an employee (ie, employed under a contract of employment); or
someone who works under a contract through which they undertake to perform work personally for someone who is not by virtue of that contract their client or customer.
In other words, workers agree to work personally and are not running their own business.
The Supreme People's Court recently promulgated Several Provisions on Evidence in Civil Litigation Involving Intellectual Property Rights. The 33-article provisions alleviate the burden of proof on IP rights holders and streamline the formal requirements for evidence sourced outside China. They also introduce penalties for evidence obstruction.
In the wake of the COVID-19 pandemic, the government commissioned the so-called 'social partners' (ie, the Chamber of Commerce representing employers and labour unions acting on behalf of employees) to negotiate and present a bill on working from home that Parliament can pass into law as the new standard on the matter. The new framework will cover various issues – from contractual provisions and co-determination by works councils to recommendations on occupational safety.