📑 The OECD - OCDE has released its 2025 update to the Model Tax Convention, the blueprint for thousands of tax treaties worldwide. These aren't just technical tweaks; they have real-world consequences for how your international business is taxed. Here’s what you need to know now: 🌐 Permanent establishment in the remote work era: The update provides much-needed clarity on when a home office constitutes a permanent establishment (“PE”). This is a game-changer for managing corporate tax nexus and risk in an age of global mobility and flexible work arrangements. The focus is on a facts-and-circumstances approach, moving beyond simple presence tests. ⛏️ Expanded taxing rights for natural resources: A new optional provision allows source countries to adopt a lower PE threshold for activities related to the exploration and exploitation of natural resources. This is a major win for resource-rich nations and will be a key point in future treaty negotiations in the energy and mining sectors. 📊 Major transfer pricing refinements: • Financial transactions: The commentary now better aligns Article 9 with the OECD’s BEPS Action 4 report, clarifying the transfer pricing treatment of intra-group debt and interest deductibility. • Amount B: The update officially signposts the OECD’s Amount B framework, aiming to simplify pricing for baseline marketing and distribution functions. This will streamline compliance for many, but non-adopting jurisdictions present a new layer of complexity. 🤝 Strengthening global cooperation: Important procedural updates clarify the interaction between tax treaties and GATS dispute resolution and expand the usability of Exchanged Information between tax authorities. 🚩 The unspoken risk: The 2025 Update does more than interpret treaty provisions. It codifies an international consensus that will inevitably guide the enforcement activities of national tax authorities. The document implicitly serves as a playbook for future tax audits, with a clear focus on high-risk areas such as cross-border remote work structures, intra-group financing, and profit allocation in resource-heavy sectors. Proactive review of your international operating models and transfer pricing policies is now more critical than ever. *** ✍️ For further guidance, please reach out to the authors of this quick guide, tax professionals Maja Mayrhuber (Partner, Vienna) and Theodor Artenie (Tax Advisor, Counsel, Bucharest). For a detailed review of the update, please refer to the OECD's website: https://lnkd.in/ePJ5mFyx #ExceptionalTogether #InTheKnow #OECD #LegalUpdate #Tax #ModelTaxConvention #TaxTreaty #TaxAudit

📣 We are pleased to launch the Q3 2025 Regional Competition Law Update, covering key developments across Kinstellar jurisdictions. 💡 Our aim is to help clients and partners stay ahead of an evolving #Competition and #FDI landscape and understand what these changes may mean in practice. This edition highlights, among others: 📌 The introduction of call-in powers in #Bulgaria, 📌 New FDI regimes in #Croatia and #Ukraine, 📌 Recent enforcement trends and legislative changes across the region. 👉 Access the full brochure here: https://lnkd.in/dRvWyKbn A warm thank-you to all experts from our Competition & FDI team across the region for their valuable contributions. #ExceptionalTogether #InTheKnow #CompetitionLaw #Antitrust #CEE #SEE #Brochure #LegalUpdate #RegulatoryUpdate

🇷🇴 Our team in #Romania has advised #Lidl, one of the leading international retail chains, on the #acquisition of a land plot within the former Aversa industrial site in #Bucharest. This key transaction involves the acquisition of a 10,417 sq m plot and will facilitate the development of Lidl’s largest store in Romania to date, further enhancing the company’s footprint in the region. The project is part of a broader urban regeneration initiative, with plans for a mixed-use development featuring residential, office, and green spaces. 🏙️ 💼 Our legal team was led by Sandra Gheorghe (Senior Associate), with support from Victor Constantinescu (Partner, Co-Head of the Firm-wide Real Estate Sector). 🔗 https://lnkd.in/gkycTDiA #ExceptionalTogether #DoneDeals #RealEstate #MergersandAcquisitions #UrbanRegeneration #RetailSector #MandA #RealEstateLaw

🏢 We are proud to have supported P3, a leading pan-European logistics property investor and developer, on its acquisition of a portfolio of logistics parks across #Slovakia. 🗺️ This transaction marks a significant expansion of P3’s presence in the Slovak logistics market and underscores the sector’s continued attractiveness in Central Europe. It reflects strong demand for modern warehousing and distribution facilities and highlights Slovakia’s growing role in the European logistics landscape. 💼 Our Bratislava team provided full-scope legal advisory, including due diligence, transaction structuring, and negotiation support, ensuring a smooth and efficient process. 🙏 Congratulations to our team led by Tomáš Melišek (Partner, Head of Banking, Finance & Capital Markets) and Dáša Labašová (Managing Associate), with key contributions from Senior Associates Livia Miklenčičová and Erik Neupaver, along with Associates Laura Bugajová and Martin Dančo. 📢 Read the full story on our website: https://lnkd.in/dbBASUMX #ExceptionalTogether #DoneDeals #LegalAdvisory #Logistics #RealEstate #Slovakia #MandA

🎓 We are proud to share some great news: four of our talented young lawyers from the #Sofia office have officially passed their Bar exam! Congratulations to Vilislava Kolarova, Nikoleta Ivanova, Simona Damyanova, and Antonio Dafinov for reaching this important milestone, while continuing to make valuable contributions to our ongoing projects. Your hard work, dedication, and passion for the law inspire us all, and we can’t wait to see the amazing things you will accomplish as you take the next steps in your legal careers. ⚖️ ✨ Here’s to a bright and successful future ahead! #ExceptionalTogether #BarExam #LegalCareer #TeamGrowth #TeamSpirit #Bulgaria

🎮 Join us on 5 December in #Prague for a unique legal summit dedicated to the video game industry! For the second year in a row, Kinstellar is teaming up with the Czech Game Developers Association to host the GDS Legal Summit at Game Developers Session, a one-of-a-kind conference focused on the legal aspects of video games. Our mission? To create a dynamic platform for exchanging knowledge and experiences, bringing together Czech and global studios, leading investors and publishers, industry associations, and academics. The creative industry is close to our hearts – professionally and personally. We have had the privilege of working on major gaming projects across Central and Eastern Europe, but our team members are more than legal experts: they're also passionate gamers, film fans, and music lovers. This unique perspective helps us understand both the legal challenges and the essence of creative work. We speak the language of developers, creators, and innovators – and that is why we make legal discussions practical and down-to-earth. 📍 What’s on the agenda? • Practical tips for negotiating with publishers or navigating gaming transactions • How to set up your own game studio • Securing control over IP created by employees or collaborators • Safely using AI tools in game development while minimizing legal risks • A panel on game clones • A discussion on video game incentives in the Czech Republic 👥 Who’s speaking? Alongside our experienced lawyers, Managing Associate Petr Bratský, Associate Pavel Hrdý, and Junior Associate Antonín Dvořák, you will hear from legends of the Czech gaming industry and top international experts, including lawyers representing AAA publishers and major global studios. Expect clear, practical insights you can apply right away. Our panellists and guest speakers: • Kostya Lobov – Partner, Harbottle & Lewis • Michal Kandráč – Senior Legal Counsel, Tripledot Studios • Tomasz Gadomski – Legal Expert, 11 Bit Studios • Jarek Kolar – CEO, INGAME STUDIOS • Nav Sunner – CEO & Founder, Navatron • Jan Wosiura – General Counsel, Artifex Mundi • Tomas Hedman – Head of Privacy & AI Governance, Embracer Group • Nick Allan – Partner, Mishcon de Reya • Maciej Konstańczak – General Counsel, Flying Wild Hog • Ian Gulam – Chief of Staff, Legal & Governance, Embracer Group • Martin Fryvaldsky – CEO, Warhorse Studios • Michał Pękała, LL.M. – Partner, Rymarz Zdort Maruta • Pavel Barák – Chairman, Czech Game Developers Association • Tereza Roller-Sabella – Creative Director, Plan A Collective 🤝 Who should attend? • Game studios and their management • Investors and publishers • Indie developers and tech startups • Students eager to explore video game law 📅 5 December, 2025 | PRAGUE – Congress Centre 🎟️ Register and learn more: https://gdsprague.com/ We can’t wait to see you – let’s level up the Czech gaming industry together! 🚀 #ExceptionalTogether #GDS #VideoGameLaw #GamingIndustry #IndieDev #GameDev #IPLaw #CreativeIndustry

📢 Austrian UBO register: What are the new reporting obligations for nominee agreements? Significant changes to the Austrian Beneficial Owner Register Act (#BORA) came into effect on 1 October 2025 that imposes new reporting obligations for nominee agreements. ⚠️ These changes expand disclosure requirements and eliminate previous exemptions, meaning all nominee agreements must now be reported, regardless of the extent of the shares concerned. Non-compliance risks administrative fines of up to EUR 200,000. 🔍 Want to know what this means for your business and how to stay compliant? Read the full article by Senior Associate Johannes Varga and Associate Nicolas Haaser: https://lnkd.in/dyUxW4Wz #ExceptionalTogether #LegalUpdate #Compliance #UBO #UBORegister #AustriaLaw #CorporateLaw #RiskManagement #NomineeAgreements

🌍 Meet us at the IAPP Europe Data Protection Congress 2025 on 📅 19 and 20 November at 📍 the Square Brussels Convention Centre in Brussels, #Belgium. Our team at the conference: ⭐ Lukas A. Mrazik, Managing Associate, Slovakia, Firm-wide Technology Co-Head, Firm-wide Data & Cybersecurity Head ⭐ Vedran Kopilović, Counsel, Croatia ⭐ Ceren Ceyhan, Senior Associate, Turkey 🎤 Lukáš will also be sharing his expertise in the panel “Under the Mountain: Digging Through the Clutter of Risk Assessment Fatigue” on 19 November from 16:30. ➡️ The session will explore the challenges privacy professionals face when navigating overlapping risk assessments, such as #DPIAs, #LIAs, #TIAs, and #FRIAs, and provide practical strategies to: 🔸 Understand the purpose and differences of various risk assessment requirements; 🔸 Identify overlaps and combine assessments without compromising compliance; 🔸 Overcome assessment fatigue in businesses and data protection professionals. 💡 We look forward to engaging with fellow privacy and data protection experts and sharing insights on latest developments in our countries. #ExceptionalTogether #InTheKnow #IAPP #IAPP2025 #DataProtection #Privacy #Cybersecurity #TMT #RiskAssessment #LegalConference #CEE