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Real Estate Briefing April 2023

At the start of the 2023/24 financial year, we focus on 5 focal points of interest to the real estate sector: regulatory change, updates to real estate taxation, some proposed changes to the planning regime, ongoing reform to construction law and some caselaw reports from real estate disputes.

Qualifying Asset Holding Company Regime (QAHC)

Since April 2022, the UK has had a new tax efficient vehicle – the Qualifying Asset Holding Company (QAHC). This is a key change in the UK’s tax strategy for asset management, part of a wide-ranging review into the UK funds landscape being carried out by the government, designed to enhance the UK’s attractiveness to the sector. The QAHC allows the UK to compete with vehicles on offer in rival European fund centres, in particular Luxembourg and Ireland.

UK Digital Markets, Competition and Consumers Bill - the wait is over

The highly anticipated Digital Markets, Competition and Consumers (DMCC) Bill was introduced to Parliament on 25 April 2023. Described by Sarah Cardell, CEO of the UK Competition and Markets Authority (CMA) as a "flagship bill" with the "potential to be a watershed moment", the Bill sets out far-reaching changes to the competition and consumer law regimes here in the UK, as well as a new ex ante regime for scrutiny of Big Tech.

New Q&As from the European Commission on the Sustainable Finance Disclosure Regulation

The European Commission (Commission) has issued further guidance on the interpretation of the Sustainable Finance Disclosure Regulation (SFDR).  This is in the form of responses to questions put to it in September 2022 by the European Supervisory Authorities (ESAs).  The responses include guidance on the definition of sustainable investment, disclosures around the reduction of carbon emissions and principal adverse impact disclosures.

Spring Budget 2023: QAHC

In today's Budget, the government has confirmed that it will make welcome amendments to the UK's rules for qualifying asset holding companies (QAHCs).  Several of the key reforms were announced on "L Day" last July, including proposals to improve access to the regime for corporate funds and where parallel and aggregator funds are used.

Late payment clauses: time for a review?

The recent announcement of the UK Government's Payment and Cash Flow Review has once again put the spotlight on late payment clauses and other payment practices. Larger businesses in particular may be criticised for failure to comply with legal requirements or "best practices" in relation to their purchasing activity.

The EU's Digital Services Act reaches its first milestone (as the UK's Online Safety Bill weaves towards the finish)

The EU and the UK are each determined to regulate online content and protect users from online harms. The EU got there first. Its Digital Services Act, which will impact all online intermediaries operating in the EU at varying levels, is already in force.

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