The need to incur a tax burden often determines how a given transaction is carried out, may affect the profitability of business operations or be linked to the need to comply with additional administrative formalities. The tax liabilities in question are primarily income taxes, indirect taxes such as VAT and excise duties, as well as property taxes.
In practice, an in-depth analysis of the correct performance of tax obligations may take place in two situations: firstly, when the owner or investor wishes to audit whether the entity in question has correctly performed all of its tax obligations. Secondly, this may occur when planning large business ventures such as restructurings, company transformations, mergers or divisions. In carrying out such operations, it must be remembered that their tax neutrality depends on the satisfaction of the conditions set out in tax legislation.
As the applicable tax legislation is complex and often case-study in nature, the support of a tax adviser allows for an appropriate structuring of the planned project and the identification of those areas that may be associated with the risk of an unfavourable interpretation of the tax law by the tax authorities. The tax adviser can also support businesses in determining the terms and conditions of related-party transactions in line with market principles through the preparation of comparative analyses and transfer pricing documentation for these transactions.