Our Firm provides advisory services through the preparation of studies and opinions, as well as through high-level advocacy in tax ruling procedures across every stage of tax litigation, from Tax Courts to the national and European High Courts, in the following areas:
- determination of business income for companies reporting under IAS/IFRS or OIC accounting standards, including the application of the reinforced derivation principle, its exceptions with respect to depreciation, valuations and provisions, and the tax treatment of cases not specifically regulated by the accounting principles;
- accounting and tax treatment of operating grants, plants and asset grants, gifts, development costs and shareholders’ debt waivers;
- structuring of shares and financial instruments, including transactions involving equity-like instruments, allocation of withholding taxes or tax credits, and transactions affecting equity instruments;
- determination of taxable income in the event of capital reductions, shareholder withdrawals, liquidation or debt release;
- participation exemption (PEX), calculation of extraordinary transactions during the holding period, commerciality verificationof the business activity requirement for holding companies, shopping centers, real estate companies, startups, dealerships and companies involved in extraordinary transactions, as well as asset classification and reclassification;
- determination of income arising from transfers of shareholdings and earn-out arrangements;
- depreciation of tangible and intangible assets and deductibility of losses;
- domestic tax consolidation, including control requirements, allocation of taxable income and net equity, preparation of consolidated tax returns, and termination of tax consolidation regimes;
- tax treatment of mergers, including reverse mergers, demergers and disproportionate demergers, deficits and merger surpluses, reinstatement of reserves and funds, carryforward of tax losses, controlling shareholdings and shareholdings involving acquisition of control; tax neutrality regime for share exchanges; liquidation tax regime; step-up of unrealized gains and goodwill.
Additionally, our Firm provides assistance in:
- drafting legislative proposals and corporate tax reform projects, drawing on the expertise gained through participation in legislative commissions, and advising trade associations and public bodies;
- promoting constitutional challenges before the Constitutional Court; seeking preliminary rulings and challenging European Commission decisions; representing clients before the Court of Justice of the European Union; assisting in infringement proceedings before the European Commission; and bringing applications before the European Court of Human Rights.
