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Tax optimization of an enterprise: the new Tax Code of 2015

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Taxation of building companies in 2015

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Tax reform of 2015: the legal analysis of legislativ...


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UA Realty Group applied to allTax legal and tax advisors regarding the preparation of agency contracts for the search of a commercial real estate for purchase by customers. The goal of UA Realty Group was to increase the protection of the Real Estate Agency from further refusal of the client to pay commission to the agency.

CONSULTS                      

Expertise: experts of allTax legal and tax advisers have prepared agency contracts for the provision of information and advisory services. Experts of allTax legal and tax advisers took into account the fact that the owners of many Ukrainian companies that "de jure" have commercial real estate can be legal entities registered in Ukraine and offshore jurisdictions. In Ukraine, the fact of transfer of title of a commercial real estate object from one owner to another may not occur. The seller can sell, and the buyer can buy the corporate rights of a real estate controller's company located in an offshore zone. In this case, the client of a real estate agency can avoid the obligation to pay commission.

Agency agreements were prepared in such a way that the Agent needed only to transmit information about the commercial real estate object to the client with indication of its identification characteristics: address, appearance, contact information of the owner. In case of obtaining control over the real estate property, the client is obliged to pay commission to the Agent. The contract on the provision of information and advisory services was prepared in such a way that obliged the Buyer to pay commission to the Real Estate Agency not only after the transfer of ownership of the real estate property from the buyer to the seller, but also in the case the Buyer purchased the corporate rights of the company that is the actual administrator of commercial real estate property, in the case of concluding a contract of  purchase-sale of real estate with any person from a close circle of relatives of the seller , his employees or any of his companies. The risks of evasion of comission payment for the Agent's services were minimized.

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UA Realty Group was advised by Artem Sereda a partner of allTax legal and tax advisers. In the preparation of contracts for the provision of information and advisory services of the Real Estate Agency took part a lawyer of allTax legal and tax advisers - Victoria Yaroshenko .

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