Tax on transactions
Our international tax group advises on the structuring and implementation of a range of financing transactions both directly for clients and alongside our finance and corporate colleagues, including equity and debt capital, market transactions (including hybrid capital and regulatory capital), corporate treasury, banking and acquisition finance, securitisation, derivatives, structured and asset finance and real estate finance, infrastructure and energy project finance and restructuring and insolvency.
Lawyers work for parties from all sides: for banks (including consortia), corporates, bond holders and swap providers. So, your lawyers understand the structure of your transaction from all points of view.
Lawyers also advise numerous commercial and investment banks across the world on their own tax position, especially on group and capital structuring and all aspects of financial trading.
Transfer pricing planning:
- improving the tax efficiency of business re-organisations;
- structuring of intangibles ownership and licensing; and
- profit reporting for permanent establishments.
Transfer pricing dispute resolution:
- achieving greater certainty through advance pricing agreements and rulings;
- helping with transfer pricing enquiries and investigations;
- litigation support when necessary; and
- helping with competent authority, mutual agreement process and European Arbitration Convention processes.
Transfer pricing compliance:
- drafting transfer pricing agreements;
- making sure that transfer price benchmarking and other compliance obligations are met; and
- making sure that transfer pricing risk management arrangements are good enough, so that the transfer pricing policies are adhered to.
The OECD’s base erosion and profit-shifting (BEPS) recommendations are expected to drive further legislative, regulatory and administrative changes internationally.
Businesses, though wishing to maximise tax efficiency, must give greater regard to the correct and robust implementation of tax structures and the public’s perception of their tax contribution.
Clients come to us for our strategic support – lawyers have extensive cross-border experience and knowledge of legal and tax regimes around the world.
Lawyers enjoy solving complicated problems and working with you to achieve your business objectives in whichever area you need our advice, including:
– intellectual property structuring
– risk management
– regulatory and compliance work.
Tax administrations around the world are under pressure to bring in more tax and to clamp down on avoidance. This has led to an international rise in tax disputes and increasing scrutiny of corporate tax affairs.
Lawyers focuse on resolving these disputes and investigations. Their work ranges from advice on information requests, global investigations, tax audits and dawn raids to litigation and settlement of tax disputes.
Laywers provide quality advice on complex, high-value tax disputes across all taxes and sectors for both local and international clients.
This includes corporate tax, transfer pricing, employee benefit and pension arrangements, structured finance, VAT, EU and contract claims and public law/judicial review.
Direct tax forum closely monitors developments within the EU, including directives and case law, particularly in the field of non-discrimination. It offers proactive advice on developments in European law in support of tax litigation.
Lawyers adapt our strategy to your specific needs. Lawyers often settle disputes without litigation, and we are adept at taking cases to the courts at every level, including the Court of Justice of the European Union (CJEU).
VAT and indirect taxes
From M&A to securitisations, asset financings, real estate deals and e-business, we will help you mitigate or defer VAT costs or maximise the recovery of input tax.
Lawyers bring together experience from all countries to offer clients a fully integrated service wherever and whenever they need it.
Much of lawyers’ work crosses borders, and they often advise non-EU clients on the VAT implications of their transactions within the EU. This is particularly the case in e-business, where lawyers have a wide range of practical VAT experience in the key EU member states.
The tax disputes and investigations practice handles many VAT disputes, including Fleming claims.
If you are making claims on behalf of companies that have changed ownership and have a complex VAT group membership history, lawyers can help you resolve any contractual disputes on the sharing of VAT recovery.
Real Estate Investment Trusts (REITs)
Lawyers advise real estate owners and operators, institutional investors, and foreign investors regarding the following REIT-related activities:
- REIT formation, including UpREIT and rollup transactions
- Initial public offerings and follow-on offerings
- Other capital-raising and financing transactions, including private placements and Rule 144A offerings of common and preferred stock and high-yield debt
- Tax structuring
- Mergers, acquisitions and other corporate transactions
- Sales, sale-leasebacks, purchases, joint ventures, leasing and myriad other real estate transactions
- OP unit and DownREIT transactions
- Private REIT transactions
- Corporate governance and SEC compliance and reporting
- Shareholder activist campaign-related issues
- Foreign investments in REITs
- Executive compensation and LTIPs
Lawyers strive to design estate and business plans that both reflect our clients’ goals and provide flexibility to adapt to unforeseen circumstances. To this end, lawyers utilize sophisticated techniques, including:
- Carefully tailored wills, revocable trusts and incapacity documents
- Family limited partnerships and LLCs
- Generation-skipping trusts, grantor retained annuity trusts (GRATs), life insurance, asset protection and other specialized trusts
- Charitable lead and remainder trusts
- Sales to grantor trusts
- Business and voting trusts and shareholders’ agreements
- Corporate reorganizations and recapitalizations
- International estate planning