New Advertising Act

New Advertising Act has entered into force from 1st of November 2008. The main reason for drafting the new Act was the current situation in the advertising market – the legal regulation of the Advertising Act passed in 1997 needed to be modernized. In order to simplify the work of the persons who commission, perform and advertise, as well as the supervisory bodies, a substantial part of the regulation in the specific Acts regarding advertising has been assembled in the new Advertising Act.

The Supreme Court handled the taxation of the earnings of the physical persons through the application of the rule of economic interpretation (Taxation Act § 84) in its decision of 6 November 2008 in the administrative case no. 3-3-1-57-08. In this case the Supreme Court gave the instructions which circumstances are important for establishing the existence of the objective of tax evasion. This is a significant decision in the cases of transfer of securities, where the tax authority has found that the substance and form of the transaction are not in compliance.

The decision of the Civil Chamber of the Supreme Court of 20 November 2008 in the court case no. 3-2-1-101-08 has thoroughly handled the topics of division of joint property, repeated some earlier principles and given the clear instruction in the proceeding of division of the joint property of spouses in the question of assessment of the value of the company.

On 1st of January 2009 the new Estonian Law of Succession Act entered into force. In regard to the named Act the most discussed aspect has been the transition from the so-called receiving system to the waiver system. But, in addition to the latter transition, a number of other changes were adopted (however generally deriving from the named transition). Hereby we give a brief overview of the amendments.

 
77