Project Finance NewsWire Archive

January 1999 | Norton Rose Fulbright

Written by Admin | January 1999

IN THIS ISSUE

Ideas for Responding to Global Climate Change

The “Framework Convention on Climate Change,” adopted at the United Nations Earth Summit in 1992, envisions longterm solutions to a long-term problem. With the adoption of the “Kyoto Protocol” to the convention

Saudi Arabia Overhauls Electricity Supply

The Council of Ministers in Saudi Arabia approved proposals for a significant restructuring of its electricity sector on November 30...

Claiming R&D Tax Credits On Projects | Norton Rose Fulbright

The Internal Revenue Service issued final rules in January on how to define “research” that qualifies for a 20% federal tax credit...

Trouble Getting Lender Liens Over Reserve Accounts

Differences of opinion are cropping up in project financing deals where lenders seek security interests in collateral accounts set up to hold reserves to service debt, satisfy maintenance obligati...


IN OTHER NEWS

Power Marketers Up in Arms about January 1 Letter from the Deputy Commissioner of Taxes in New York | Norton Rose Fulbright

The letter said fees paid to power marketers for delivery of electricity are subject to state sales tax. This reverses a position the state took in 1997...

Brazil increased taxes and is reforming others | Norton Rose Fulbright

The Brazilian Senate voted on January 6 to extend a financial transactions tax, called CPMF, for three years and to increase the rate from the current 0.2% to 0.38% in 1999 and 0...

MCI found a way to eliminate sales and use taxes on construction costs for a project

The company is building a telecommunications switching station in Westchester County...

IRS Cracks down on "fast-pay stock" | Norton Rose Fulbright

This is stock that pays such large dividends that the dividends represent not only a return on the shareholder’s investment, but also at least partly a return of that investment...

Section 861 Structures Under Fire | Norton Rose Fulbright

Lee Sheppard urged the government, in an article in late December in Tax Notes magazine, to attack so-called 861 structures that many US companies are using to burn off “overall foreign losses...

US is rethinking when multinationals can defer US taxes on foreign earnings | Norton Rose Fulbright

The current rules date back to 1962. Donald C...

The IRS is expected to Shut Down LILO Transactions by February

LILOs are a form of lease financing where a foreign company or US municipality leases rail cars or a power plant to a US equity and then subleases it back.

Check-the-Box

“CHECK-THE-BOX” rules will be tightened further.

Mexico increases taxes government’s budget is approved on NYE | Norton Rose Fulbright

The corporate income tax rate increased from 34% to 35%. However, companies that reinvest profits can defer up to 3% of the tax, for a 32% rate this year...

Argentina increased taxes amidst calls to overturn Congress | Norton Rose Fulbright

The corporate income tax rate increased from 33% to 35%. Argentina will impose a withholding tax for the first time on dividends. The rate is 35%...

Look for Guidance Later This Year

LOOK FOR GUIDANCE LATER THIS YEAR on the US tax treatment of international telecoms income.

Solid Waste

“SOLID WASTE” may be redefined for tax purposes.

Landfill Gas Producers

LANDFILL GAS PRODUCERS want a tax credit for companies that consume landfill gas.

Most Economic Sanctions Against India and Pakistan

MOST ECONOMIC SANCTIONS AGAINST INDIA AND PAKISTAN have been waived until October 21.

India

INDIA is expected to levy a new tax on electricity consumption, with 66% of the money to go to local ...

Bulgaria Reduced its Taxes

BULGARIA REDUCED ITS TAXES effective January 1 in the hope of spurring more investment.

The Romanian Parliament

THE ROMANIAN PARLIAMENT voted in late November for a 10-year tax holiday on income from new investments exceeding the equivalent of US$50 million.

Russia Renegotiated its Tax Treaty with Cyprus

RUSSIA RENEGOTIATED ITS TAX TREATY WITH CYPRUS after threatening last summer to cancel the treaty unilaterally.

Inland Revenue

INLAND REVENUE issued interim guidance in December for companies with global trading desks in London on how much income from trades should be allocated to the United Kingdom.

Water Utilities Charge

WATER UTILITIES CHARGE that the US government reneged on a deal involving tax treatment of water interties.

Bell Atlantic

BELL ATLANTIC lost a dispute in federal district court last month over investment tax credits.

New Jersey Enacted Legislation Requiring Municipal Utilities

NEW JERSEY ENACTED LEGISLATION REQUIRING MUNICIPAL UTILITIES to pay corporate business tax if they make sales within a franchise area served by another electric utility.

An Executive Who Agrees to Act as the"Responsible Person" | Norton Rose Fulbright

AN EXECUTIVE WHO AGREES TO ACT AS THE “RESPONSIBLE PERSON” for payment of local taxes for his employer in a foreign country may be in for trouble.

US companies operating in Mexico may want to seek rulings on Mexican asset taxes | Norton Rose Fulbright

Many countries in Latin America impose minimum taxes on asset value to ensure that some tax is paid even in cases where a company is otherwise reporting tax losses. The asset tax in Mexico is 1...

Peruvian President Alberto Fujimori

PERUVIAN PRESIDENT ALBERTO FUJIMORI said recently that Peru will reduce its minimum tax from 0.5% to 0.2% of a company’s assets.

Inbound Investments into Canada

INBOUND INVESTMENTS INTO CANADA should not be made with US LLCs, according to two Canadian lawyers.

Italy Adopted Carbon Taxes

ITALY ADOPTED CARBON TAXES in November in order to discourage use of fossil fuels other than natural gas

Foreign Sales Corporation

“FOREIGN SALES CORPORATIONS” are under attack before the World Trade Organization in Geneva.

IRS said “strong proof” is not required to disavow the form of certain transactions between related parties | Norton Rose Fulbright

The government usually holds taxpayers to the form of a transaction when reporting tax results...

Texas

TEXAS confirmed that manufacturing companies in the state do not have to pay sales taxes on natural gas they purchase to generate their own electricity.

MINOR MEMOS - January 1999

The Joint Tax Committee in Congress reported in December that 47.8 million Americans will escape income tax liability in 1998 due to deductions and credits. Most are in lower income brackets...