Role of lawyer in post BEPS era

Our Partner, Peter Varga, participated in a conference organized by the international association Integra International in Sofia, where he presented the topic of the role of the lawyer in tax planning in post-BEPS era (Base erosion and profit shifting).

Based on the OECD initiative, most developed countries are currently taking a number of measures aimed at curbing optimization efforts. Although at first glance, these measures may seem to suppress tax optimization, it is not entirely true. The new legislation is primarily intended to combat the so-called aggressive tax optimization that many multinational companies sophistically use in their cross-border activities. These are, above all, various practices, such as the abuse of double taxation treaties or the use of a limited ambit of permanent establishment. 

Tax optimization, if it is legitimate and thus based on sound legal arguments, is still feasible, and this position has been confirmed several times by local courts (for example, recently in the Czech Republic) as well as by the Court of Justice of the European Union. However, it is necessary for this purpose, in addition to the services of a tax advisor, to use the services of a tax lawyer, whose task is primarily to assess whether the optimization structure in question is also legitimate.

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