United States: SALT Top Stories Of 2014

Finally, after much anticipation, tax reform has become reality this year in several high-profile jurisdictions including New York, the District of Columbia, and Rhode Island. The significant changes implemented by these "blue states" include modifications which follow the general trend towards single sales factor apportionment and market-based sourcing for sales of other than tangible personal property. New York is the prime example of a state enacting major tax reform legislation, but other states enacted or evaluated significant tax reform during 2014, and other states are certain to consider tax reform measures during 2015.

As the economy continues to improve, budgets at the state level generally seem to have become somewhat more stable. While many states appeared to be grappling for every dollar a few years ago, most appear to have breathed a collective sigh of relief, as evident from the lack of legislative action on the sales tax front. One exception to the relative lack of action lies in the efforts expended to impose nexus and ensure collection of sales tax by remote seller retailers.

The Multistate Tax Commission (MTC), as expected, formally adopted amendments to key provisions of Article IV of the Multistate Tax Compact.1 These amendments address various topics including apportionment factor weighting, the definition of business income, the adoption of market-based sourcing, the definition of sales, and alternative apportionment. Notably, many of these topics were also key elements in significant controversies this year. As discussed in detail below, the Michigan Supreme Court issued a much-anticipated decision in IBM2 regarding the availability of a three-factor apportionment election to taxpayers under the Multistate Tax Compact, which led directly to enactment of questionable retroactive legislation intended to mitigate the financial impact of the decision. Further, the Tennessee Court of Appeals issued a decision addressing the use of alternative apportionment and Mississippi lawmakers adopted legislation addressing last year's Equifax3 decision.

Other key state and local developments this year include three separate hearings at the United States Supreme Court addressing state and local tax issues, the use of central assessment to maximize property tax collections, and the continued use of incentives to drive business development.

1. Massive tax reform in New York

The transformative changes to New York's tax structure enacted in the FY14-15 budget,4 most of which are scheduled to take place for tax years beginning on or after January 1, 2015, are likely to substantially impact many taxpayers' ultimate corporate tax liability in the Empire State.5 The most material changes include the application of economic nexus, a merger of the banking corporation tax into the corporation franchise tax, adjustments to the bases on which the corporation franchise tax is calculated, the imposition of a mandatory unitary combined reporting system, substantial changes to the sourcing of sales for purposes of apportionment, a decrease in the state-level corporate franchise tax rate, and the creation of various tax incentives and rate reductions for "qualified manufacturers" in the state.

The economic nexus concept has been incorporated into numerous corporate income tax regimes in the past several years, and is intended to subject corporations that have no physical presence in a state to the corporate income tax if significant amounts of sales are sourced to the state (and such activity is not protected by P.L. 86-272). Corporations will now be taxable in New York for purposes of the corporation franchise tax and the metropolitan tax (MTA) surcharge if they derive $1 million or more of receipts from activity in New York.6 A corporation that is part of a combined group and has receipts derived from New York of less than $1 million but more than $10,000 satisfies the threshold requirement for combined reporting if the New York receipts of all group members who individually exceed $10,000 equal $1 million or more in the aggregate.7

Historically, companies had to determine whether they were subject to the Article 32 bank franchise tax or the Article 9-A corporation franchise tax, two completely separate tax regimes with stark differences in how the tax was calculated. The tax reform legislation eliminates this determination by repealing the Article 32 tax, subjecting banking corporations to the Article 9-A tax.8

With the repeal of Article 32, both business and banking corporations will determine their tax on the following three tax bases: business income base, capital base, and fixed dollar minimum base.9 The alternative minimum tax base and the subsidiary capital concept will be eliminated.10 Further, the capital base tax will be completely phased out by 2021.11

The repeal of Article 32 also means that business and banking corporations may be included in the same combined filing group under Article 9-A, under completely new combined reporting standards.12 The new standards eliminate the substantial intercorporate transactions requirement that was the focus of considerable litigation,13 and requires unitary combined reporting based on a more than 50 percent ownership requirement.14 Certain captive real estate investment trusts, regulated investment companies, combinable captive insurance companies and "domestic entity" alien corporations may be subject to combination as well.15 Excluded from combined reporting are entities taxable under the telecommunications or insurance tax regimes of Article 9 and Article 33 respectively, New York S corporations, and corporations with no New York nexus affiliates and who are subject to tax solely because of their interest in a limited partnership doing business in New York.16 Corporations may now elect an irrevocable and binding six-year option to be combined with any non-unitary affiliates if certain thresholds are met.17 Unless affirmatively revoked, the election would be automatically renewed for an additional seven years.

In the area of apportionment, the budget legislation modifies current New York apportionment to a single receipts factor with a set of intricate customer-based sourcing rules.18 Specific provisions exist for various types of sales including other business receipts, rents and royalties, and digital products. Taxpayers now have the option to make an annual and irrevocable election to use a fixed amount of 8 percent of all net income from qualified financial instruments in the apportionment numerator.19 Without this election, receipts and net gains from these instruments are sourced based on customer location. Intangible property, such as patents and trademarks, are now sourced to New York based on the extent activities related to the intangible take place in the state.20 Receipts from services and other business receipts are sourced to the state based on a customer location hierarchy, specifically starting with where the customer receives the benefit of the transaction.21

As for net operating loss (NOL) provisions, NOLs historically have been calculated on a pre-apportioned basis and carried forward or backward in conjunction with federal NOLs. The legislation will apply prospectively starting on or after January 1, 2015 and will compute New York NOLs on a post-apportionment basis.22 While the NOL deduction for New York state purposes is no longer tied to the federal amount, the maximum deduction is limited to reducing the tax on entire net income to the higher of the tax on capital base or the fixed dollar minimum.23 The legislation also creates a prior net operating loss (PNOL) conversion subtraction that may be applied against the business income before the NOL deduction is taken.24

Regarding tax rates, the existing corporate franchise tax rate of 7.1 percent on business income is reduced to 6.5 percent effective January 1, 2016.25 The MTA surcharge is increased to 25.6 percent effective for tax years beginning on or after January 1, 2015 and before January 1, 2016 with adjustments in rates at the Commissioner's discretion depending on the state's financial need.26 Qualified New York manufacturers will have an effective tax rate of 0 percent on the business income base,27 and a reduced capital base ax rate during the period in which such base is being phased out.28 While the enacted legislation retains the current fixed dollar minimum tax base on New York-sourced receipts, it incrementally increases the current maximum tax due of $5,000 to a maximum tax due of $200,000 for taxpayers with over $1 billion in New York receipts.29

2. Market-based sourcing guidance

New York was just one of several states that shifted its approach of sourcing the sale of items other than tangible personal property from a cost of performance (COP) to market-based sourcing method. The endorsement of market-based sourcing in the Multistate Tax Commission's revisions to the Multistate Tax Compact has provided other states that historically have utilized COP sourcing with a template to consider a change in future legislative sessions. Market-based sourcing was also a key component of the adoption of tax reform measures in Rhode Island and the District of Columbia. In addition, Pennsylvania released an information notice and Massachusetts issued draft regulatory guidance on the subject.

The Commission's decision to move away from the historic preponderance COP sourcing methodology, replacing it with a market-based sourcing approach, was intended to reflect the destination principle used to source sales of tangible personal property.30 Under the Compact, sales of other than tangible personal property are sourced to a state if, and to the extent, the taxpayer's market for the sales is in the state. The sale of a service is sourced to a state if, and to the extent, the service is delivered to a location in the state. In addition, the provision includes a series of sub-rules that describes the sourcing for different types of transactions, including transactions involving intangible property.31 If the taxpayer is not taxable in a state to which a sale is assigned or if the state of assignment cannot be determined or reasonably approximated, the sale is excluded from the denominator of the sales factor (this is commonly termed a "throwout rule").32

The Rhode Island statute governing market-based sourcing does not directly follow the approach taken under the Compact, and only provides one general rule, which will go into effect for tax years beginning on or after January 1, 2015. Gross income from the performance of services will be sourced to Rhode Island to the extent the recipient receives benefit of the service in Rhode Island.33 The enacted statute does not specifically address how to source sales or income from intangibles, and therefore, the historic rule requiring sourcing of "all other receipts within the state" to Rhode Island is still in effect for these items.34

In contrast, the District of Columbia market-based sourcing statute was drawn directly from the language adopted by the Commission for its recommended revisions to the Compact.35 While it was widely assumed that market-based sourcing would be effective for tax years beginning on or after January 1, 2015, in line with other tax reforms enacted by the District, a closer reading of the budget language shows that the effective date of the market-based sourcing provision is actually October 1, 2014. Technical corrections are being proposed to change this date to January 1, 2015. Without such a change, most taxpayers with sales of items other than tangible personal property would have to apply two very different methods of sourcing to such sales during the 2014 taxable year.

On the regulatory front, Massachusetts released comprehensive guidance on how to implement the market-based sourcing rules that it adopted for the 2014 tax year and beyond in a draft regulation.36 Notable in the regulation is the ability of a taxpayer to make a reasonable approximation where a taxpayer cannot make a sourcing determination.37 The reasonable approximation must be determined in good faith, applied in good faith, and applied consistently with respect to similar transactions and on a year-to-year basis.38 In addition, a taxpayer may have additional due diligence requirements to determine where a customer is located if the customer represents more than five percent of the taxpayer's sales.39 The centerpiece of the regulation is the different sourcing approaches taken for three separate types of services. If the service is classified as an in-person service, the taxpayer sources the service to the location of performance.40 Services delivered to the customer or through or on behalf of the customer (including digital services) are sourced to the location of delivery.41 Professional services are sourced according to the classification of the customer.42 If the customer is an individual, sales are sourced to the state of the customer's primary residence, or if undeterminable, the customer's billing address.43 If the customer is a business, sales are sourced to the location where the contract of sale is principally managed by the customer, or if undeterminable, potentially the ordering or billing address.44 Finally, detailed sourcing rules apply with respect to licenses, leases and sales of intangibles.45 The regulation is expected to become final in the next few weeks, and the approach taken in the regulation could have wider application in the future, as the Commission recently announced that the Massachusetts regulation will serve as a starting point for the Commission's development of a market-based sourcing regulation.

Pennsylvania recently released guidance on market-based sourcing rules applicable for tax years beginning on or after January 1, 2014 in the form of an information notice.46 As Pennsylvania looks to the location where a service is delivered to determine where to source the sale of services, the notice provides a table showing the delivery location of some common service situations.47 Also, the notice discusses more complex delivery situations such as third-party delivery and electronic delivery. The notice lists guidelines to be used for 16 separate services and service industries.48 Finally, as Pennsylvania retained a COP concept for the sale of intangibles, clarification on how to apply COP principles with respect to these sales has been provided.49

To read this article in full, please click here.

Footnotes

1 Multistate Tax Commission's Annual Conference, July 28-31, 2014.

2 International Business Machines Corp. v. Department of Treasury, 852 N.W.2d 865 (Mich. 2014).

3 Equifax, Inc. v. Department of Revenue, 125 So. 3d 36 (Miss. 2013), cert. denied, June 30, 2014.

4 Ch. 59 (A.B. 8559 / S.B. 6359), Laws 2014. For a detailed discussion of this legislation, see GT SALT Alert: New York Enacts FY14-15 Budget Legislation Providing Extensive Tax Reform.

5 Taxpayers should be aware that the budget's overhaul to New York State's tax regime does not apply to New York City at the present time. However, there is a growing sense that New York City will take steps to make changes that align with many of New York State's tax reforms in the coming year.

6 N.Y. TAX LAW §§ 209.1(b); 209-B.1(a).

7 N.Y. TAX LAW § 209.1(d).

8 Ch. 59 (A.B. 8559 / S.B. 6359), Part A, § 1.

9 N.Y. TAX LAW § 210.1.

10 Under this concept, entire net income did not include income, gains and losses from subsidiary capital. N.Y. TAX LAW § 208.9(1)(a). The subsidiary capital was subject to a separate tax. N.Y. TAX LAW § 210.1(e)(1). "Subsidiary capital" was investments in the stock of subsidiaries and any indebtedness from subsidiaries, excluding certain accounts receivable acquired in the ordinary course of business. N.Y. TAX LAW § 208.4.

11 The enacted legislation imposes the following capital base tax rates for general corporations: 0.15 percent for taxable years beginning before January 1, 2016; 0.125 percent for taxable years beginning in 2016; 0.10 percent for taxable years beginning in 2017; 0.075 percent for taxable years beginning in 2018; 0.05 percent for taxable years beginning in 2019; 0.025 percent for taxable years beginning in 2020; and 0.00 percent for tax years beginning on or after January 1, 2021. N.Y. TAX LAW § 210.1(b).

12 N.Y. TAX LAW § 210-C.

13 N.Y. TAX LAW § 211.4.

14 N.Y. TAX LAW § 210-C. Tax on combined reports will be the highest of (1) combined business income tax base multiplied by the applicable tax rate, (2) combined capital base multiplied by the applicable tax rate, or (3) the fixed dollar minimum of the designated agent of the combined group. Tax on combined reports will also include the fixed dollar minimum tax of each taxpayer in the group (see discussion regarding changes to fixed dollar minimum tax above). N.Y. TAX LAW § 210-C.1.

15 N.Y. TAX LAW § 210-C.2(b).

16 N.Y. TAX LAW § 210-C.2(c).

17 N.Y. TAX LAW § 210-C.3.

18 N.Y. TAX LAW § 210-A.

19 N.Y. TAX LAW § 210-A.5. "Qualified financial instruments" are defined as instruments that are assets marked-to-market under IRC §§ 475 or 1256, and specifically exclude loans secured by real property.

20 N.Y. TAX LAW § 210-A.3.

21 N.Y. TAX LAW § 210-A.10.

22 N.Y. TAX LAW § 210.1(a)(ix).

23 Id.

24 N.Y. TAX LAW § 210.1(a)(viii). The PNOL conversion subtraction is calculated by: (1) computing the tax value of the taxpayer's unabsorbed NOL for the base year (this value equals the product of (a) the amount of the taxpayer's unabsorbed NOL, (b) the taxpayer's base year business allocation percentage (BAP), and (c) the taxpayer's base year tax rate); and (2) dividing this amount by 6.5 percent (in the case of a qualified New York manufacturer, 5.7 percent). This amount is the taxpayer's PNOL conversion subtraction pool. The taxpayer's PNOL conversion subtraction for the taxable year equals 1/10 of its conversion subtraction pool plus any amount of unused PNOL conversion subtraction from preceding taxable years. In lieu of this subtraction, if the taxpayer so elects, the taxpayer's PNOL conversion subtraction for tax years beginning on or after January 1, 2015 and before January 1, 2017, equals for each year not more than ˝ of its conversion subtraction pool.

25 N.Y. TAX LAW § 210.1(a).

26 N.Y. TAX LAW § 209-B.1(a).

27 N.Y. TAX LAW § 210.1(a)(vi). "Qualified New York manufacturers" are defined as manufacturers principally engaged in the production of goods who also have property in the state used for qualifying activities where: (1) the adjusted basis of such property for federal income tax purposes at the close of the taxable year is at least one million dollars; or (2) all of its real and personal property is located in the state. Id.

28 The newly enacted capital tax base rates for qualified New York manufacturers for these tax periods are 0.15 percent, 0.106 percent, 0.085 percent, 0.056 percent, 0.038 percent, 0.019 percent and 0.00 percent, respectively. N.Y. TAX LAW § 210.1(b).

29 N.Y. TAX LAW § 210.1(c).

30 Multistate Tax Compact Art IV.17. For further discussion of the changes to the Compact, see GT SALT Alert: Multistate Tax Commission Finalizes Compact Provision Amendments.

31 These sub-rules include provisions for sourcing such items as real property, tangible personal property, services and intangible property. Multistate Tax Compact Art IV.17(a).

32 Multistate Tax Compact Art IV.17(c).

33 R.I. GEN. LAWS § 44-11-14(b)(1)(ii). For further discussion of this legislation, see GT SALT Alert: Rhode Island Adopts Combined Reporting, Single Sales Factor Apportionment and Market-Based Sourcing.

34 R.I. GEN. LAWS § 44-11-14(b)(1)(vi).

35 D.C. CODE ANN. § 47-1810.02(g)(3)(A). This legislation is discussed in GT SALT Alert: District of Columbia Enacts Budget Including Single Sales Factor Apportionment, Market-Based Sourcing.

36 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d).

37 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)1.e.

38 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)1.d.i.

39 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.c.ii(B)2.c, 4.d.ii(A).

40 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.b.

41 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.c.

42 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.d.

43 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.d.ii(A)1.

44 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)4.d.ii(A)2.

45 Proposed MASS. REGS. CODE tit. 830, § 63.38.1(9)(d)5.

46 Information Notice Corporation Taxes 2014-01, Pennsylvania Department of Revenue, Dec. 12, 2014.

47 Id.

48 Id.

49 Id.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

    Disclaimer

    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

    Registration

    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

    Cookies

    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

    Links

    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

    Mail-A-Friend

    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

    Emails

    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

    Security

    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions