International Taxation-EU Tax Law, International, Comparative
SMEs interested in internationalising their production in other EU countries by setting up agencies, branches or subsidiaries, as well as large companies already present with their own production units in several European and non-European countries (with the corporate vehicles made available by their respective legal systems), must necessarily examine their operating choices in the light of the case law of the Court of Justice of the EU, EU legislation on direct and indirect taxes (as transposed in the Member States), international double taxation conventions entered into by Member States with other EU and non-EU countries, OECD transfer pricing guidelines - as implemented in national legislation and in the operations of individual tax administrations - and developments arising also from the OECD's action against erosion of the tax base and diversion of profits (BEPS). On the other hand, individuals who have to move abroad, or from abroad, for professional reasons, frequently need assistance and advice on tax and social security implications (including social security).
Considering that this context requires in-depth skills, a continuous updating on the subject and the ability to monitor the evolution not only of the Italian legislation, but also of the laws of foreign States, our ‘International Taxation’ Team is able to offer: - assistance in the interaction with the national tax administrations, in terms of preparation of any requests aimed at obtaining tax reductions and/or exemptions provided for by the same Conventions; - assistance in the preparation of specific requests for rulings (interpellations) to tax administrations on the application of specific national tax provisions, or of Conventions against double taxation, to potentially controversial cases; - assistance in the request for the activation of Mutual Agreement Procedures (MAPs) between tax administrations (e.g. MAPs between the Italian Inland Revenue Agency and the Italian Revenue Agency): Mutual Agreement Procedures (MAPs) between tax administrations (e.g.: MAP between the Italian Inland Revenue and the tax administration of a country with which Italy has an agreement); - assistance in the submission of requests for Advance Pricing Agreements (APAs) in relation to intra-group transfer pricing; - preparation of documentation to demonstrate the fairness (based on the arm's length price principle) of the prices applied in intra-group transactions (transfer pricing); - advising on the structuring of groups within the EU, in terms of identifying the most favourable locations for productive investments in the light of the objectives pursued by the client, its activity and the comparative framework of national tax and corporate regulations, applicable international conventions and the case law of the Court of Justice of the EU; - assistance in the identification of national regulations potentially conflicting with primary or secondary EU legislation, in order to allow clients to raise compatibility issues in court through lawyers; - assistance to individuals in identifying and managing tax and social security aspects of international mobility, in the light of double taxation conventions, national regulations of the countries concerned by ‘outbound’ or ‘inbound’ mobility and international social security regulations.
Tax and Corporate Consulting - Ordinary and Extraordinary Business Management
Studio Ciattaglia, Pellegrini & Partners includes a ‘corporate and national tax consultancy’ team which provides consultancy and assistance services to companies, with reference to corporate and tax issues related to both ordinary and extraordinary management operations. In particular, the team provides consultancy and assistance with reference to civil law and taxation issues, both direct and indirect, of interest to multinational companies and groups, such as: assistance in the incorporation procedures of corporations and partnerships and in-depth analysis of civil and tax impacts. Preparation of preliminary documents, such as letters of intent, termsheets, letters of patronage, etc.); drafting of opinions on specific issues of Italian and EU company law; accounting assistance and analysis and in-depth study of the civil and fiscal issues and implications related to extraordinary corporate management operations (mergers, demergers, transfers and contributions of business, sale and exchange of shareholdings, etc.).); accounting assistance and analysis and in-depth analysis of the civil and fiscal aspects relating to ordinary business management operations, with specific reference to direct taxes and VAT; due diligence activities - analysis of the overall operating conditions of a company, in legal, management, economic, financial and administrative terms, in order to identify areas of risk or potential development; assistance in the management of relations between companies belonging to groups with affiliates in Italy and in foreign countries.
International Trade, Contracts and Arbitration
The internationalisation of trade and production and the mobility of labour entail, on the one hand, import-export trade relations between independent companies and intra-group relations, and, on the other hand, the possibility that Italian workers stipulate contracts with foreign employers or foreign workers are hired in Italy. In this context, thanks to the experience in this field acquired by one of the members of the team since 2006, the Firm is able to offer the following services: - assistance in the negotiation and drafting of commercial contracts (also in English) with foreign counterparts, in order to achieve the optimal composition of the interests of the parties in the light of the respective national laws of reference, the UNCITRAL/UNIDROIT Principles and the definitions drawn up by the International Chamber of Commerce; - assistance in the negotiation and drafting (in English as well) of transport contracts, employment contracts, agency agreements, licence agreements for the use of industrial property protection instruments (patents, trademarks) and joint-venture agreements; - contractual counseling activities assistance aimed at highlighting in advance the legal implications, validity and effectiveness of commercial and business initiatives, (drafting of ad hoc opinions on specific legal issues, preparation of compatibility opinions).
