Practices

Tax

Each transaction involves tax implications, whether a leveraged acquisition, transfer, refinancing, restructuring or initial public offering.

Good understanding and planning of these transactions can mitigate risks, maximize opportunities and understand the negotiations.

With experience in cross-border transactions and controlling local tax practices in a wide spectrum of sectors, the firm advises clients to make decisions knowingly and manage the tax consequences of their transactions in the light of analysis of possible tax optimization.

Our firm has a particular expertise to the completion of the transactions, patterns of recovery in revenues and validation of the deductibility of financial interests. Moreover, we are able to propose alternative structuring to manage the sensitivity of investors prepare outputs and improve cash flow or future profits, in order to increase the return on investment.

The increasing complexity of tax regulations related to real estate investment, occupancy and operation of a site, requires best understanding of the arising tax issues. With experience in the taxation of real estate investment, we have expertise in the following areas of intervention:

– Tax optimization of investment structuring and taxation of real estate transactions.
– The taxation of real estate financing.
– Local taxation, including property taxes developed and undeveloped, annual tax on commercial premises.
– Transactional operations of companies operating in real estate.
– VAT on property transactions and real estate development.

The tax benefits in Tunisia present a particular difficulty because of the multiplicity of texts and uncodified provisions. Administrative procedures and compliance with formal requirements are also of paramount importance for the tax benefits and the risk of forfeiture. In this respect, tax optimization studies cover:

– The study of the tax impact of scheme scenarios of a project or of proposed restructuring. (Presentation of the different options to accomplish the projects and of the most advantageous choice from a tax point of view).
– Performing simulations to determine which scenario best lightens the tax burden.
– Setting of action plans to optimize the tax position.
– Estimation of tax liabilities in the event of default.
– Documentation of applicable procedures and the necessary statements in order to benefit from tax benefits.

The support of a professional during the phase of tax audit or during the inter partes stage is of paramount importance. This assistance might take the following aspects:

– Advice on statutory deadlines and information on the change in the tax law applicable to tax rights and procedures
– Development of defense strategy in the event of a tax audit: presentation of a solid legal argumentation, research and use of procedural defects and limitation periods, use of rights and safeguards of taxpayers
– Support in every phase of the procedure in writing letters and conclusions necessary for the defense and obtaining a suspension of payment
– Assistance and follow up to any application of the tax administration under the tax control.

Contact

Mohamed Kammoun
Partner