Latest updates
Tax consequences of transferring Bahamian real property held by a company for estate planning
Lennox Paton- Real Estate
- Bahamas
- 24 July 2020
Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.
Tax consequences of transferring Bahamian real property held by a company for estate planning purposes
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 23 July 2020
Bahamian real property is commonly held by a company which is incorporated in The Bahamas or another jurisdiction whose shares may be held by an individual or their nominee. A 'beneficial owner' is any person who is beneficially interested in the real property, including a beneficiary under a trust. This article considers the tax consequences of transferring Bahamian real property held by a company for estate planning purposes.
COVID-19: summary of legislation enacted in relation to corporate regulations and businesses
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 04 June 2020
In response to the COVID-19 pandemic, the governor general declared a public state of emergency and implemented the Emergency Powers (COVID-19) Regulations 2020. Pursuant to the regulations, the prime minister implemented the Emergency Powers (COVID-19) (2) Order 2020 and the Emergency Powers (COVID-19) (Special Provisions) Order 2020. This article provides a summary of the provisions contained in the orders.
Has COVID-19 affected real estate transactions?
Lennox Paton- Real Estate
- Bahamas
- 29 May 2020
Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.
Has COVID-19 affected real estate transactions?
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 28 May 2020
Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.
What impact could COVID-19 have on leases?
Lennox Paton- Real Estate
- Bahamas
- 22 May 2020
The government recently announced an ambitious rental assistance programme to assist tenants who have been economically affected by COVID-19 and are unable to satisfy their contractual obligation to pay rent. However, many pundits have questioned the legality of rental assistance during a state of emergency.
What impact could COVID-19 have on leases?
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 21 May 2020
The government recently announced an ambitious rental assistance programme to assist tenants who have been economically affected by COVID-19 and are unable to satisfy their contractual obligation to pay rent. However, many pundits have questioned the legality of rental assistance during a state of emergency.
At a glance: COVID-19 court protocols
Lennox Paton- Litigation
- Bahamas
- 19 May 2020
COVID-19 has forced society to embrace all things technological and forced individuals to adapt to working remotely. As it stands, court operations before the Magistrates Court and the Supreme Court are restricted to essential services until the first working day after the expiry of the Emergency Powers (COVID-19) (No 2) Order 2020, which may be extended by amendments. This article sets out what is permitted according to the judiciary's latest Mitigation Protocols concerning civil and commercial matters.
At a glance: COVID-19 court protocols
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 14 May 2020
COVID-19 has forced society to embrace all things technological and forced individuals to adapt to working remotely. As it stands, court operations before the Magistrates Court and the Supreme Court are restricted to essential services until the first working day after the expiry of the Emergency Powers (COVID-19) (No 2) Order 2020, which may be extended by amendments. This article sets out what is permitted according to the judiciary's latest Mitigation Protocols concerning civil and commercial matters.
COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton- Employment & Immigration
- Bahamas
- 15 April 2020
In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.
COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 09 April 2020
In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.
Special tax relief for Abaco and Grand Bahama
Lennox Paton- Real Estate
- Bahamas
- 31 January 2020
To encourage the rebuilding effort in Abaco, Grand Bahama and the surrounding Cays after Hurricane Dorian, tax relief is now available under the Disaster Reconstruction Authority (Special Economic Recovery Zone) (Relief) Order 2019. This article examines the tax relief available with regard to real property.
Special tax relief for Abaco and Grand Bahama
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 30 January 2020
To encourage the rebuilding effort in Abaco, Grand Bahama and the surrounding Cays after Hurricane Dorian, tax relief is now available for real property tax, value added tax (VAT) on the conveyance of real property, business licence tax and certain import duties and VAT, provided that certain conditions are met.
Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings
- Arbitration & ADR
- Bahamas
- 05 September 2019
The Supreme Court recently clarified its jurisdictional limits to assist in trust-related arbitrations, ruling that it has no such jurisdiction to allow service outside an action's jurisdiction. Given this ruling, parties to trust arbitration agreements must be cognisant that, notwithstanding whether their trust deeds provide for the seat of any arbitration to be The Bahamas, the court can provide only limited assistance where the arbitration is not held and the parties or assets are not in The Bahamas.
Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings
- Litigation
- Bahamas
- 03 September 2019
The Supreme Court recently clarified its jurisdictional limits to assist in trust-related arbitrations, ruling that it has no such jurisdiction to allow service outside an action's jurisdiction. Given this ruling, parties to trust arbitration agreements must be cognisant that, notwithstanding whether their trust deeds provide for the seat of any arbitration to be The Bahamas, the court can provide only limited assistance where the arbitration is not held and the parties or assets are not in The Bahamas.
Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 29 August 2019
The Supreme Court recently clarified its jurisdictional limits to assist in trust-related arbitrations, ruling that it has no such jurisdiction to allow service outside an action's jurisdiction. Given this ruling, parties to trust arbitration agreements must be cognisant that, notwithstanding whether their trust deeds provide for the seat of any arbitration to be The Bahamas, the court can provide only limited assistance where the arbitration is not held and the parties or assets are not in The Bahamas.
Privy Council determines extraterritorial reach of clawback claims in insolvency proceedings
Lennox Paton- Insolvency & Restructuring
- Bahamas
- 23 August 2019
The Privy Council has determined that, notwithstanding the absence of express statutory provisions permitting service out of the jurisdiction of fraudulent preference claims, such claims are to have extraterritorial effect. This decision clarifies the law as it relates to the extraterritorial effect of fraudulent preference claims; however, it also creates difficulties for subscribers to mutual funds that may be held liable for investments made on behalf of third-party beneficiaries that are the ultimate recipients of payments.
Privy Council determines extraterritorial reach of clawback claims in insolvency proceedings
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 22 August 2019
The Privy Council has determined that, notwithstanding the absence of express statutory provisions permitting service out of the jurisdiction of fraudulent preference claims, such claims are to have extraterritorial effect. This decision clarifies the law as it relates to the extraterritorial effect of fraudulent preference claims; however, it also creates difficulties for subscribers to mutual funds that may be held liable for investments made on behalf of third-party beneficiaries that are the ultimate recipients of payments.
New tax reforms in effect
- Real Estate
- Bahamas
- 19 July 2019
In the 2019/2020 Budget Communication the government announced various tax reforms which came into effect on 1 July 2019. Among other things, the cap on owner-occupied property has increased from B$50,000 to B$60,000 per year and stamp duty on real property has been replaced by value added tax (VAT) at the same rates. Further, any party that is required to become a VAT registrant must have a business licence.
New tax reforms in effect
Lennox Paton- Private Client & Offshore Services
- Bahamas
- 18 July 2019
In the 2019/2020 Budget Communication the government announced various tax reforms which came into effect on 1 July 2019. Among other things, the cap on owner-occupied property has increased from B$50,000 to B$60,000 per year and stamp duty on real property has been replaced by value added tax (VAT) at the same rates. Further, any party that is required to become a VAT registrant must have a business licence.
