Tax

Most representative projects

BIRIS GORAN SPARL (see profile ...)

Ongoing advisors to eMAG, Red Bull, Forte Partners, One United Properties, Global Vision, Gran Via, Adval Asset Management, Oriflame, Kika, Cris-Tim, LeasePlan and Impuls Leasing, concerning all spectre of tax matters derived from their day-to-day business activities.

Acting as main tax consultant for a successful retailer, for all their day to day activities, covering all tax matters, from profit tax, VAT, excise duties, customs taxes, social security contributions, transfer pricing matters, as well as compliance and European matters.

Legal advisor to Electrica Muntenia Nord, the largest Romanian energy distributor, member of the Electrica Group in drafting the annulment claims and court representations in a complex tax dispute.

Assisting a major global FMCG producer, in a tax dispute following the company being subject to a large tax audit on transfer pricing matters.

Assisted Banca Comerciala Romana, a member of Erste Group, the most important financial group and the largest bank in Romania, in the biggest tax dispute in Romania.

Specialist lawyers: Gabriel Biris, Ruxandra Jianu, Ioana Cartite, Mihai Nusca.



BOGARU, BRAUN NOVIELLO & ASOCIATII (see profile ...)

Advising foreign investor on tax structure to purchase land in Romania.

Considering Romanian VAT issue in respect of loan and interest payments to foreign company.

Representing client in respect of claim for customs duties in respect of import of food stuffs into Romania.

Advising on repatriation of profits to client via a neutral tax country.

Considering with client and tax accounts transfer pricing of services between Romanian client company and parent holding company.

 


BOHALTEANU SI ASOCIATII (see profile ...)

Advising Dacian Petroleum, a company acting in the petroleum services field, with respect to preparing and revising a set of contracts used in the day-to-day activity, such as fluid transport agreement, mechanic and electric maintenance agreement, pump repair works agreement, construction work agreement, including from a tax perspective (VAT, permanent establishment, resident/non-resident tax treatment etc.).

Advising a Romanian financial institution part of an international reputed group, in connection to tax implications of an envisaged transfer of shares from the actual shareholder to an affiliate, most particularly on transfer pricing aspects.

Advising Genesis Biopharma, a life sciences company providing vaccines, human biologicals, and specialty pharmaceuticals, in connection to various claw - back contribution aspects, including the assessment of the clawback contribution computation method, as well as drafting a challenge of the relevant notification received from the National Health Insurance House with reference to the percentage related to claw-back contribution and the assessment of the procedure for appointing a tax representative for claw-back purposes etc.

Advising a global biotechnology company that invests in scientific innovation, with respect to various tax matters related to the sponsorship granted to health care personnel.

Specialist lawyers: Ionut Bohalteanu, Silvia Sandu.



CORINA POPESCU LAW OFFICE (see profile ...)

Representation of Foreign and Romanian companies in fiscal related litigations before the fiscal authorities and in courts, such as VAT reimboursement, expenses deductibility and tax.



D&B DAVID SI BAIAS SCA (see profile ...)

Legal assistance and representation services rendered in favour of a company that activates the real estate sector in the judicial administrative procedures regarding the annulment of a taxation decision by which the fiscal bodies established fiscal obligations of results from the application of the legal provisions regarding the VAT adjustment.

Legal assistance to a multinational active in the consumer products area for the reorganisation of its Romanian presence.

Legal assistance to a real estate developer for the reorganisation of its Romanian entities. 

The law firm is currently assisting and representing the Company in front of the courts of law in the process of seeking the annulment of a tax assessment decision imposing the client additional tax liabilities, namely VAT, late payment interest and penalties, amounting to approximately 15 million. The case complexity comes from the fact that the tax authorities requalified the transactions carried on separately by the company, i.e. supply of goods and services, in single VATable transaction, i.e. considering it a supply of goods with installation, as to be able to audit a period outside the statute of limitation and also to apply local Vat on such transaction. Thus, this case entails both tax procedural issues concerning the status of limitation concept as well as substantial tax arguments on the criteria to be met for requalifying a transaction into a supply of goods with installation, under the ECJ case-law.

 

Specialist lawyers:Sorin David, Dan Dascalu, Ana-Maria Iordache, Mihai Boian, Andrei Iancu, Anda Rojanschi, Cristina Paduraru, Romana Petre, Adina Oprea, Andreea Tortov.



DLA PIPER DINU SCA (see profile ...)

Assistance for BRF in relation with the transfer of locally registered trademarks towards an affiliated entity in Turkey. The client is currently restructuring its activity in Romania and intends to transfer in another jurisdiction the trademarks that are registered locally. The firm has established an approach that would enable (i) sustaining the low impact of the trademarks on the Romanian business, while (ii) ensuring the compliance with the legal provisions regarding the price of a transaction between related parties and (iii) finding a proper methodology to sustain the reduced value of an intangible under OECD principles.

Assisting the client and litigation team with complex analysis of potential VAT implications in respect of turnkey projects undertaken by operational companies in Romania. This project required an analysis of a complex structure from financing and operational point of view, with various chain transactions between the parties involved. The law firm has also assisted the client in assessing potential implications (not only related to tax) with respect of assignment of receivables in Romania and impact in financing structure.

Reckitt Benckiser requested the firm's assistance in clarifying the excise duties and customs treatment of a certain product sold on the Romanian market further to Brexit. This project proved to be difficult and challenging due to specific manufacturing process of the respective product, not clearly specified by the European and Romanian legislation. In this context, the firm also assisted the client in submitting a confirmation letter with the authorities, the team has been involved in the discussions with the tax authorities, managing to obtain clarification on the topic.

Bellotto Holdings Limited acquired a Romanian entity manufacturing industrial blinds and shutters. The firm assisted the client during the transaction, but also in analysing potential scenarios for the supply chain process and the related implications from a VAT and customs perspective, upon the completion of the transaction. The firm has also analysed the potential scenarios from a pre and post Brexit perspective. The team advised the client on alternative business structures further to the acquisition of a Romanian business.

Stericycle Romania was subject to an unannounced tax audit that covered a 6-year open tax period - which is not in line with the procedure related to unannounced audits. Thus, the firm has actively assisted the client to manage the requests of the tax inspectors and provide the information requested in a manner that ensured compliance with the legislation and reduced the pressure on the client’s team involved in gathering such information. The team has also coordinated discussions with the tax authorities on implementing the proposed tax adjustments and preparing the corresponding documentation.

Specialist lawyer: Tudor Nedelea.



DOBRINESCU DOBREV SCA (see profile ...)

Mediapost Hit-Mail is one of the most important integrated agency, specialised in direct marketing and consumer promption. The team provides tax consultancy to Mediaport Hit-Mail, regarding all the marketing campains organised, implying points, gift-vouchers etc.

For more than 20 years, Macromex has been the industry leader for frozen and chilled food products. The firm is assisting the companies within Macromex group in any tax issues raised by the tax administrations and also, for some of the most important tax consultancy subjects.

Vivre Deco is one of the most important online provider for furniture and decorations and one of the oldest clients of the law firm with which they built a great relationship. The firm is assisting Vivre in any issue which requires tax and litigation expertise (fiscal, insolvency and commercial).

AD Auto Total is a Romanian-owned company, the leader in import and distribution of automotive parts in Romania, active for 23 years. The company has over 14,000 active clients, 72 deposits and a turnover of 2016 for €168 million. AD Auto Total is one of the most challenging clients of the firm, due to the rapidity of their transactions and the flexibility in thinking the business. The team is assisting them in any issue which requires tax expertise.

EU Trucking Service, an important company that provides transport services in Europe and beyond. The law firm provides tax advice on specific issues of this industry.

Specialist lawyers: Luisiana Dobrinescu, Alexandra Barbaiani, Diana Vlasceanu, Anca Nica.



MITEL & ASOCIATII SCA (see profile ...)

Legal assistance and representation for a large distributor of construction and finishing materials in a fiscal inspection procedure whereby payment obligations in a significant amount were set. The relevant matters under discussion in the file refer to the legal conditions provided for VAT deduction and VAT exemption, considering the particular aspects of the disputed matter, and to the refusal of the national Tax Authorities to approve such deduction/ exemption. Furthermore, the Client was represented in the pre-litigious proceedings related to an authority’s refusal to reimburse fuel excise.

Legal advice for a Romanian electricity producer in relation to a fiscal dispute concerning a decision issued by the local authorities having as subject matter taxes arising from construction permits and the non-unitary interpretation of applicable legal provisions.

Legal assistance for a well-known Romanian player on the market of bottled mineral water related to the administrative proceedings required following the resolution of a VAT reimbursement related dispute. The role of the firm's department was to analyse the risks entailed by the content of the court decision (some of court’s orders being incomplete) as well as to carry on the correspondence with the competent Tax Authority in order to facilitate the reimbursement of amounts resulting from the annulment of administrative deeds.

Legal assistance and representation for a romanian subsidiary of a VPN services provider in a dispute related to the results of a tax inspection during which the Romanian Tax Authority expressed suspicions as regards the actuality of operations carried out by the company, thus additional VAT and income tax were calculated. Also, the inspectors submitted a criminal complaint for alleged tax evasion crime, consequently the company was not able to challenge the results of the inspection. The litigation aims to oblige the authorities to resolve the administrative challenge against the inspection results.

Specialist lawyer: Magda Dima.



MPR PARTNERS | MARAVELA, POPESCU & ASOCIATII (see profile ...)

Retained by an important German investment Group, in order to assist with all tax aspects pertaining to the sale of a major real estate property, covering both land and immovable assets thereon.

Retained by the a Lithuanian company active in clinical, regulatory and pharmacovigilance activities, in order to provide fiscal employment compliance services. The fiscal services consist in assistance required for Romanian employees in order to comply with tax obligation relating to salaries received by the said employees from the client.

Assistance to various major foreign companies concerning fiscal registration and obtaining of a Romanian VAT code in order to be able to carry out activities in the country. Assistance consists of drafting the relevant documents, submitting them to the relevant tax authorities and representation thereto; further assistance consists of VAT compliance (preparing and submitting VAT returns).

Assisting Bucharest's main up ground public transport provider, State-owned company, with day-to-day tax ad fiscal advice. Assistance includes VAT reporting, tax assessment (land and building local tax obligations), tax on salaries assistance, representation in front of relevant Tax Authorities, including in case of disputes, etc.

Assisting a major European sports equipment producer with regards tax day-to-day assistance, after the acquisition of a production unit for sports equipment, in the context of the business expansion strategy. Assistance includes VAT reporting, corporate income tax, representation in front of the relevant Tax Authorities, etc.

Specialist lawyer: Felix Tapai.



MUSAT & ASOCIATII (see profile ...)

Advising Amazon (US) on extending and restructuring its local presence in Romania, regarding tax incentives for local employees, including drafting the relevant documentation.
Specialist lawyers: Razvan Graure, Alina Man, Roxana Bujoreanu.

Advising Limagrain, an international agricultural co-operative group, specialized in field seeds, vegetable seeds and cereal products, with respect to various tax matters regarding the restructuring of their business in Romania.
Specialist lawyers: Razvan Graure, Alina Man, Roxana Bujoreanu.

Advising CHR. Hansen, a global bioscience group, on the tax law aspects regarding the sale of the Natural Colors division to EQT. 
Specialist lawyers: Razvan Graure, Alina Man, Roxana Bujoreanu.

Assisting various pharmaceutical companies, including Sermedic, Ferring Pharmaceuticals, a multinational specialt y biopharmaceut ical group, Abbvie  Investments, part of Abbvie group, Future Healthcare, a multinational group offering a wide portfolio of pharmaceutical services, Gilead, a research-based
biopharmaceutical group, in relation to a broad range of tax matters, from the tax implications of setting up business in Romania and day-to-day activities, to tax law aspects regarding share sales, to representation in court, including challenging of various tax assessment decisions issued by the Romanian
authorities.
Specialist lawyers: Razvan Graure, Alina Man, Roxana Bujoreanu.

Advising Kaufland Romania in relation to a tax auditing process, including assistance with procedures during the audit, as well as subsequent tax challenge exercises.
Specialist lawyers: Razvan Graure, Alina Man, Roxana Bujoreanu.



NESTOR NESTOR DICULESCU KINGSTON PETERSEN (see profile ...)

Assistance provided to a large bank active in Romania in a complex tax challenge, entailing complex profits tax and transfer pricing matters.

Assistance provided to a real estate developer in a complex tax restructuring process.

Assistance provided to a Spanish construction company in a complex tax litigation process.

Specialist lawyers: Alina Timofti, Marius Ionescu, Lucian Barbu, Silviu Badescu.



NOERR (see profile ...)

Tax advisory in connection to Stada M&D/Hemofarm´s daily business activity in Romania, as well as tax advice in relation to the integration of Walmark business in Stada, after the recent acquisition by Stada Group of Walmark.

Assistance for Walmark during tax audit and and day-to-day tax consultancy.

Tax advisory for Accord Healthcare, Kamtec Auto, Ferrostaal Oil & Gas, leading European retail chain, Zech Bukarest Construction and Intelligent Software Systems in connection to their daily business activity in Romania, as well as transfer pricing services.

Day-to-day tax consultancy for an international IT company.

Tax assistance for a leading European provider of transport-related services in the current tax audits/appeals/court actions with the tax authorities. The team assists the client in recovering VAT claims of €12 million from the Romanian tax authorities.

Specialist lawyers: Iulian Sorescu, Monica Colt, Carmen Mazilu, Miruna Ghinescu, Raluca Botea.



POPOVICI NITU STOICA & ASOCIATII (see profile ...)

Assisting Dedeman on the acquisition of The Office.

Assisting RTC Proffice on the acquisition of Paper Plus.

Assisting WDP on the acquisition of Dunca Logistics Centre and CTPark Cluj I.

Assisting DB Schenker on merger of two of its Romanian subsidiaries.

Assisting Simona Halep on all her tax matters. 

 

Specialist lawyers:Mihaela Pohaci; Raluca Rusu.

 



SUCIU POPA (see profile ...)

Representing a major energy player specialised in renewable energy, in a variety of litigations files against 7 municipalities of Romania in connection with the building tax imposed in connection with wind turbines.

Advising the subsidiary of one of the largest FMGC and cosmetics distributors, on the day-to-day tax matters arising from the recent legislative changes applicable to services invoiced by international key accounts.

Assisting one of the largest international energy companies in connection with a complex fiscal litigation concerning VAT, income tax and depreciation treatment at the level of one of the distribution services subsidiaries and one supply services subsidiary of the group.

Representing the client in negotiations of a protocol between Romanian banks and the central tax authority in relation to exchange of information in situations governed by legal requirements in the fiscal field and situations related to the security and prudence of the banking activity.



TUCA ZBARCEA & ASOCIATII (see profile ...)

Providing assistance to a major beverage distributor regarding the full design and implementation of a new business model involving the distribution of alcoholic drinks.

Assistance and representation to one of the most important names on the pharmaceutical market in Central and Eastern Europe in a highly complex tax inspection and subsequent litigation.

Assistance to a large gambling operator in relation to the existing contractual agreements and drafting a complex memorandum related to the VAT implications derived from the gambling/betting activities performed by the client under partnerships with third parties.

Providing tax and legal assistance to multinational companies in relation to their global employee share plans impacting on their local operations in Romania.

Providing tax advisory services to a multinational corporation active in the automotive sector regarding the setting-up of a service center in Romania.

 

Specialist lawyer:Alexandru Cristea.



VOICU & FILIPESCU SCA (see profile ...)

Day-to-day tax consultancy and accounting services delivered to a company member of one of the world's foremost providers of consulting, technology and outsourcing services, covering all types of direct and indirect taxation matters, payroll; ongoing, continuous advice since 2009. Indicative assignments over the past year include advice on: income tax, reinvested profit, copyright related taxation, tax impact regarding the financial model for business valuation, VAT, tax impact of an envisaged transfer of business, individual taxation etc. Project coordinated by Tax Partner Alex Tabacu.

Assisted an American industrial service company and is one of the world's largest oil field services companies) on the client’s intended market exit by closing down the company’s Romanian subsidiaries along with reorganization of the remaining entity. Rendered services included legal and tax on the necessary corporate documents and registrations, liaising with the Romanian authorities, conducting various assessments, as well as providing extensive advice on employment matters related to the envisaged market exit. Project coordinated by Senior Partner Marta Popa (legal) and Tax Partner Alex Tabacu (tax).

Assistance to the city hall of a Romanian city of 115.000 inhabitants in relation to conducting a complex legal and tax audit services for the period 2012-2016, including analysis of internal reports, different commercial operations, decisions of Court of Accounts decisions, and others. Project coordinated by Partner Raluca Mihai (legal) and Tax Partner Alex Tabacu (tax).

Assistance to a London based technology company that develops and markets mobile ticketing services for public transport companies, covering all types of Vat status, payroll as well as taxation matters. Project coordinated by Tax Partner Alex Tabacu.



WOLF THEISS Rechtsanwälte GmbH & Co KG (see profile ...)

Wolf Theiss successfully assisted and represented INTERNATIONAL AUTOMOTIVE COMPONENTS GROUP before the Craiova Court of Appeal in obtaining the stay of the enforcement procedure of five (5) tax decisions issued by the Romanian tax authorities in 2017 and 2018. The client has been subject to numerous tax investigations due to certain amounts received as compensations from a business partner and also due to the business mechanism that is implemented between the Romanian company and its mother company. 

Name of the team coordinator: Ligia Cecilia Popescu, Partner

Completion date: The rulings in favour of our client are now challenged by an appeal that will be resolved by the High Court of Cassation and Justice. The challenges initiated by the client against all these tax decisions are still undergoing administrative review and we expect that these will be finally settled in front of the specialized courts of law. The challenges and the applications to stay the enforcement procedures engendered very complex legal issues related to the application of the VAT regime to the contracts concluded between the Romanian company and its mother company and the understanding of the business mechanism implanted by such contracts.



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