The ideal value-added tax (VAT) would carry an economic efficiency ratio of 100 as, in theory, VAT should not be susceptible to exemptions and rate variations. However, practical reality tells a different story, and it will come as no surprise to learn that the VAT systems of almost all countries remain far from the benchmark, and that this is particularly the case when VAT is applied to real estate. This book describes and analyses VAT treatment of real estate transactions in six representative countries: Australia, Canada, Germany, Japan, Mexico, and the United Kingdom. As in any jurisdiction, the VAT schemes covered must accommodate complex factual matrices that demand consistent, fair, and equal treatment. Among these VAT determinants the authors, each an expert in the national tax law of one of the six countries, address the following: types of real estate sales; long versus short term leases; commercial versus residential use; newly constructed versus existing property; status of the parties involved as taxable or non-taxable for VAT; taxable and tax-free supplies; special rules for charities, mooring facilities, aircraft, sports facilities, etc.; subdivision of apartments into title units; commercial residential premises; construction work; cross-border supply of construction work and services; and transfer of a ‘going concern’. The discussions also include the practical areas of accounting for VAT, administrative compliance, personal tax liability, and VAT refund and overpayment certification processes, as well as thorough consideration of relevant case law and examination of frequently litigated matters. Each author has designed his or her chapter to ensure that the technical nuances of each system are explained. An introductory chapter outlines economic theory and preferred VAT treatment of real estate transactions, and compares the variety of solutions applied in the six countries covered. Although a number of legal works exist on real estate under VAT in single jurisdictions, this is the first book to combine a multi-jurisdictional approach with attention to relevant economic theory, allowing for a very useful assessment of best practices. For this reason it is sure to be welcomed by practitioners and academics not only as an overview of the problem areas encountered when designing VAT policy, but also as a reference in applying VAT to real estate transactions.

The monograph covers main aspects of the land and property law applicable in England, Wales, Northern Ireland, British Overseas Territories, Crown Dependencies, some countries of the Сommonwealth Caribbean, the Republic of Ireland, the Republic of Cyprus, the Commonwealth of Australia, New Zealand and island countries of Oceania, the United States of America, and Canada. Concepts which consider legal notions “land”, “real property”, “legal real estate” meaning are analyzed. Characteristics of titles to land and interests as to the land, of the law “landlord - tenant”, of the concurrent ownership are given. The essence of the doctrines of violating the boundaries of ownership, causing private inconveniences, taking possession of land by a person who does not have a title to it is revealed are considered. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.

The monograph presents the legal regulation system of land ownership relations in the law of continental European countries, English common law and Russian law. The concepts of ownership right and land ownership right existing in civil law, common law and Russian land law are analyzed. The land ownership right is considered as a complex legal institution regulated by the constitutional, civil, and land law norms, as well as legislation on planning the use of land, on environmental protection, water, forestry, on the subsoil, on the protection of historical and cultural sites, etc. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land ownership issues.

About the book The purpose of this book is to enable the taxable person to understand the applicability and impact of GST provisions with respect to the Real Estate Industry. The comprehensive and in-depth practical knowledge of the four authors would help in implementation of the provisions in an easy manner. This book is divided into eight parts as follows: Part 1 - Introduction and Overview Part 2 - GST impact analysis on real estate developers: Complex Developers, Joint development, contractors and other income. Part 3 - Detailed operational law containing classification, registration, tax credits, documentation, payments etc. Part 4 - Detailed procedural law containing assessment, audit, advance ruling, appeals, penalties, demands etc. Part 5 - Tax planning avenues, GST and RERA, Transitional provisions Part 6 - Disputes and department actions, [focussing on possible dispute area & resolution]. Part 7 - Role of Professionals from GST audit and tax planning perspective. Part 8 - Miscellaneous: 220+ FAQs and filled forms. Appendices containing FAQs released by CBIC and Important Notifications. Key Features Detailed and practical analysis of the GST provisions with case laws pertaining to the real estate industry. Covering all possible dispute areas along with their resolutions. Detailed analysis of the tax planning aspect. Covering extensive FAQs for removal of doubts. Blank as well as filled forms for better understanding. Detailed discussion on the role of professionals on how they can help in various GST matters. Visit http://bit.ly/GSTrealestate for Free online updates and important information.

A Textbook of Legal Studies for Class XII In the last few decades, India has not only showcased itself as the world’s largest democracy but also exhibited the resilience of its institutions and the fortitude of its governance benchmarks. As India pursues a leadership position in the world community, the need for a rule-of-law society has become a necessary pre-condition. A compliant and law-abiding citizenry alone can build the requisite ecosystem for a nation to surge ahead. This calls for a greater legal literacy amongst its masses to enhance their understanding of public affairs as well their entitlements and duties as citizens. In the long run, this can also potentially eradicate the ethics deficit in society. Structured training in law not only helps the youth challenge their thought process and nurture analytical and negotiation skills but also prepares them for myriad opportunities and exciting career options. No wonder, in the last few years, apart from offering the traditional career in litigation, the law has established itself into fields like public service, academics, research, public policy, journalism, and various other emerging streams. To cater to this burgeoning demand for trained legal professionals, India has seen a tremendous growth of institutions like the National Law Universities and many private universities offering law courses, in addition to the expansion of the existing facilities. Central Board of Secondary Education’s decision to introduce ‘Legal Studies’ as an elective subject, in the year 2013-14 for the Class XI students and in the year 2014-15 for the Class XII students, could not have come at a better time. It is a testimony to the realisation that the introduction of an important subject like Legal Studies at an early stage can do wonders for the students who plan a career in the field of law. Even for those who may pursue other careers, their intellectual strength and the problem-solving abilities will be enhanced though the study of law. This book is a humble attempt to make a student’s first interface with the law as a subject an elevating experience. Care has been taken to make the presentation of the text simple and reader-friendly. The various units of the book, while meeting the requirements of the prescribed syllabus, offer comprehensive coverage of the aspects of law that have been covered. Important legal terms have been meticulously explained with examples to help the students develop a clear understanding about them. All relevant cases have been duly cited, and it has been ensured that the text comprises the latest information about the incorporated content. PREFACE Authors are confident that the book shall be extremely useful for the students of Class XII in developing a clear understanding of the various critical facets of law. They can also benefit immensely from the tips given by the authors for preparing for the examinations and scoring well. The book also has the potential to become a foundational text in the hands of those seeking a basic understanding of the Indian legal system. Our sincere thanks to Dr. B.L. Babel, retired District and Sessions Judge and an acclaimed author of innumerable law books, and Dr. Anil Kaushik, former Dean, Faculty of Law, M.G.S. University, Bikaner, and presently, Principal, S.D. Law (P.G.) College, Sri Ganganagar, Rajasthan, for guiding us in the development of the text. Special thanks to Mr. Sanjay Sardana and Mr. Sankalp Sardana of the Manav Mangal Group of Schools for helping us develop a perspective about the students’ expectations from the book. We would like to express our deep gratitude to Prof. Ramesh Arora and Mrs. Priyanka Sapra for their mentoring and consistent motivation in all our endeavours. We are deeply indebted to the publishers, Goyal Brothers Prakashan, particularly Mr. Suresh Goyal and his dedicated team for making this book a reality despite all the impediments posed by the pandemic. Their efforts in enhancing the presentation of the book are sincerely acknowledged. The authors shall also like to register their profound appreciation for the outstanding academic and research environment at the O.P. Jindal Global University, Sonipat, which helped in the conception and development of this book. In particular, the suggestions from a few students turned out to be invaluable in the development of this work, for which the authors shall remain indebted. Human efforts, howsoever ingenuous, are at best attempts seeking excellence and are liable to suffer from infirmities. We look forward to the feedback from our readers and shall be ever so keen to learn from their views and acknowledge the same appropriately. Last but by no reckoning the least, the authors would like to thank all their friends and family members profusely for their encouragement and constant support.

Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.