Tax

Macchi di Cellere Gangemi provides advice and assistance in tax matters to leading national and international clients, through its team of specialists based in the offices of Rome and Milan. The Firm’s participation in study groups and advisory committees both at national and international level, as well as in transnational professional organisations contributes to the constant essential updating of the Firm’s expertise and ensures a high level of specialisation. The close interrelationship of the professionals of the tax department with colleagues from different departments provides an interdisciplinary approach to taxation.

• Taxation of corporate groups – The Firm provides assistance and advice in the implementation of efficient tax strategies, in the management of corporate groups’ reorganisation, as well as in the post-acquisition integration of the legal entities. In this regard it has acquired specific experience in advising national and international pharmaceutical and real estate companies.
• Taxation of extraordinary transactions – The Firm has structured and overseen a number of extraordinary transactions in the acquisition of enterprises and companies or groups of companies, creating original solutions and assisting the clients and fellow attorneys in the negotiation of the respective contracts, with particular reference to tax implications.
• Taxation of financial instruments and funding – The Firm offers advice in relation to the tax implications of innovative financial products as well as to those relating to structured finance transactions, with particular reference to the securitisation of receivables. The Firm also has significant experience in the analysis of taxation of short and medium-to-long-term funding granted by national and international entities, as well as in the tax-efficient structuring of the related packages of guarantees.
• Taxation of renewable energy – The Firm has considerable expertise in tax issues related to investments in the production of energy from renewable sources; considerable experience has been gained in relation to the ordinary taxation of renewable energy companies in regard to the taxation of both incentives paid in connection with the production and sale of energy produced and energy trading activities.
• Taxation of private equity and real estate funds – The Firm provides highly qualified tax advice in relation to the tax aspects that concern the establishment of private equity and real estate investment funds, the tax treatment of foreign and Italian investors, the structuring of domestic and cross-border investments, as along with the assistance in complex tax audits by the Italian tax authorities and the settlement procedures
• Real estate taxation – The Firm’s professionals have gained significant experience in the field of real estate taxation, from structuring acquisitions and financings of real estate portfolios, to addressing ordinary tax matters such as on VAT and issues of indirect taxation.
• Transfer Pricing – In relation to transfer pricing, the Firm has developed specific expertise in preparing the documentation of the prices charged in inter-company relationships and in the identification of the best method for determining the arm’s length price among the so-called traditional and alternative methods.
• VAT and indirect taxes – The Firm specialises in providing advice on matters relating to VAT, such as the identification of the correct tax treatment of intra-community and international operations, as well as on issues related to transactions excluded and exempted from tax. It also has considerable experience in the field of customs and excise duties, including those on energy products, registration taxation and stamp duty.
• Taxation of individuals and families – Macchi di Cellere Gangemi assists its private clients in the organisation of tax-efficient structures for the management and transfer of family assets. The Firm’s team has become familiar with the use of sophisticated financial and insurance products and the use of the trust.
• Compensation and incentive plans – The Firm has developed interdisciplinary expertise in the field of taxation and employment law, in particular on aspects of the taxation of employment income, with specific focus on incentive structures involving fringe benefits, stock option plans and pension plans, as well as programs related to mergers or transfers of business.
• Tax Litigation – The Firm has been involved in many relevant contentious procedures assisting domestic and foreign clients before tax courts of all types and levels, including the Court of Cassation and the European Court of Justice. The ability to tackle criminal implications that may arise from tax assessments is another strong asset of the tax team. Particular expertise has been gained in relation to charges linked to permanent establishments and transfer pricing. In connection to the latter, the Firm has filed proceedings with the competent authorities and in accordance with the procedures of the European arbitration convention. The Firm relies also on substantial expertise in the assistance in tax audits and in the management of dispute-resolution procedures.