Rückausnahme
English translation: reverse exception
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| 17:32 May 21, 2008 |
| German to English translations [PRO] Law/Patents - Investment / Securities | |||||||
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|  Selected response from: Steffen Walter Germany Local time: 03:15 | ||||||
Grading comment
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| Summary of answers provided | ||||
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| 3 +2 | reverse exception |
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| 4 +1 | counter-exception |
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| Discussion entries: 1 | |
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Answers
15 hrs confidence: 
peer agreement (net): +2
peer agreement (net): +2reverse exception Explanation: ... could be an option here. No hits directly related to MiFID but at least I've found some law-related references - see examples below. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=2nd&n... "Plaintiffs implicitly recognize this principle. Prior to §1437f(t)'s repeal, they argued that a landlord who accepts Section 8 vouchers as an accommodation to people with handicaps would not or should not be subjected to "the take one, take all" rule-a kind of ***reverse exception***. Plaintiffs therefore cannot contest that there can be substantial detriments to landlords who participate in the Section 8 program, a concession that is fatal to their claim." http://www.vuw.ac.nz/~prebble/publications_available/taxtrus... "In turn, by ***reverse exception***, section 97(2)(a)(iii) carves out from the section 97(2) exception cases where the beneficiary’s entitlement is as trustee of a second trust. The overall effect is that section 97(1)(a) applies to tax the income to the beneficiary-trustee, but, because the beneficiary takes as a trustee, the rules must be re-applied to this second trust to determine whether the income is taxed at trustee rates or beneficiary rates. If the income in question is from a source outside Australia, and if the beneficiary-trustee was a non-resident when the trust derived the income, then the Act does not tax the income." http://www.fdic.gov/regulations/laws/rules/4000-1460.html "The Legal Division in commenting upon an earlier ***"reverse exception request"*** 4 concluded that the exception could be available despite the fact that the individual in question is already serving the institution that the exception was designed to benefit." |
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Grading comment
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4 hrs confidence: peer agreement (net): +1
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