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  • Paul, Hastings, Janofsky & Walker has expanded its international tax practice with the hire on February 26 2004 of Mark Lange from McKenna, Long & Aldridge. Lange's practice focuses on transactional tax issues involving domestic and international mergers, acquisitions, partnerships, joint ventures, alliances, limited liability companies and other pass-through and venture capital entity transactions.
  • James Malone, formerly president and general counsel at New Power Holdings, has joined Winston & Strawn. Malone, formerly a senior partner at McDermott, Will & Emery and chairman of its tax controversy practice, began working as a tax partner at the firm's New York and Chicago offices on February 12 2004.
  • Suelthaus & Walsh lost Brenda Talent, a tax lawyer specializing in tax controversy, to Bryan Cave on March 19 2004. As counsel in the firm's St. Louis office, Talent is a member of the tax advice and controversy client service group. She was at Bryan Cave from 1985 to 1994, first as an associate and then as a partner.
  • It is common in the US to acquire companies in tax-free stock acquisitions. These are referred to as tax-free reorganizations and they must qualify for tax-free treatment under section 368(a) of the Internal Revenue Code. Section 368(a) provides detailed requirements for several different types of reorganizations (mergers, triangular mergers, stock-for-stock exchanges, spin-offs and certain types of stock-for-asset exchanges for example).
  • On February 16 2004 the federal tax administration made available to the public on their official website a draft circular letter, which reflects its interpretation of the Swiss merger law provisions.
  • The increasing complexity and range of tax rules affecting international business require sophisticated and dynamic tax infrastructures in order to deliver global tax objectives. It is for this reason that Ireland is a particularly attractive location for multinationals.
  • The Japanese Diet is expected to ratify the new treaty by the end of March 2004, allowing the treaty to become effective on January 1 2005 in general, except for the provisions relating to withholding tax on dividends, interest, and royalties, which will become effective on July 1 2004. In order to adequately conform to the new treaty, Japan must pass new domestic tax rules as follows.
  • The Supreme Court of India has dismissed a petition made for reviewing its earlier decision on the validity of Circular 789 issued by the Central Board of Direct Taxes. The court had earlier upheld the validity of the circular by clarifying that a certificate of residence issued by the Mauritius authorities would constitute sufficient evidence for accepting the status of residence and beneficial ownership for claiming benefits under the Indo-Mauritius tax treaty.
  • Switzerland's new Customs legislation closely resembles EU regulations. Businesses can benefit from a detailed knowledge of it, say Heinz-Peter Karl and Michaela Merz of PricewaterhouseCoopers
  • Eric Coffill of Morrison & Foerster explains the new rules on abusive tax shelters and presents response strategies for taxpayers in California