January/February 2006  
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Derivatives & Financial Instruments
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Issue No. 1 (2006) of the
Derivatives & Financial Instruments is now available online.
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Number 1 - 2006 contains the following:
 
ARTICLES
United States
Characterization of Credit Default Swaps for Tax Purposes
Alexander F. Peter
pp. 3-12
This article systematically addresses the issue of credit default swap characterization for the purposes of US federal taxation.
International
General Insurers: Prudential Supervision and International Accounting Standards
Anton Joseph
pp. 13-18
This article discusses the position of the prudential supervisory authorities with regard to the introduction of the new International Financial Reporting Standards with respect to solvency considerations of general insurance companies.
Italy
Tax Treatment of Stock Lending Agreements
Raffaele Russo
pp. 19-24
This article analyses the Italian tax treatment of cross-border stock lending arrangements and addresses the issues concerning the Italian tax consequences of these instruments after entry into force of the 2003 Italian corporate tax reform and the changes to the applicable legislation as effective as of 1 January 2006.
COMPARATIVE SURVEY
Tax Treatment and Consequences of Debt Restructuring and Workouts
In a post-Enron world, many financing transactions have come under intense scrutiny from both regulators and shareholders, with the ensuing business climate concerned with achieving greater transparency and reliability of financial statements. Such transactions include debt restructuring and workouts. The present comparative survey intends to provide a comprehensive overview of the tax consequences of these transactions according to the domestic legislations of several jurisdictions.
Germany
Alexander Born
pp. 25-36
 
United Kingdom
John Lindsay
pp. 37-45
 
RECENT DEVELOPMENTS
Belgium
Notional Interest Deduction: Investments in Belgian Risk Capital Rewarded
Brent Springael
pp. 47-56
With the Law dated 22 June 2005, the Belgian legislator introduced a tax deduction for risk capital. Belgian companies and Belgian branches of foreign companies will be allowed to deduct from their tax base a fictitious or notional amount of interest based on their adjusted equity capital. The present article is an expert and thorough treatise about this measure.
Italy
Amendments to the Tax Regime of Capital Gains, Capital Losses and Dividends -- New Tax Provisions
Stefano Serbini and Paola Flora
pp. 57-59
 
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