Overview
The Maples Group's Tax team delivers the highest quality legal advice and transactional support from offices in Ireland and Luxembourg, both European jurisdictions of choice for cross-border tax and multi-jurisdictional transactions.
Ireland's long success as a location for investment funds, securitisation companies, aircraft leasing companies, international holding companies and foreign direct investment has been driven by its beneficial tax environment and extensive double tax treaty network. Our experienced Tax team works with international and Irish clients to help them benefit from those offerings.
In addition to being a leading European investment funds location, Luxembourg has a solid reputation for reliable and stable taxation regimes. Many of our clients are Fortune 500 companies, institutional investors, and private equity houses that have integrated Luxembourg as a central hub in their global holding and cross border financing strategies. Luxembourg currently has 83 tax treaties, 49 of which can be of benefit to Luxembourg's investment funds (and 14 more in negotiation). Luxembourg also offers a wide selection of beneficial tax regimes that can be tailor-made to our clients' specific investment and business objectives.
The Maples Group has established relationships with leading international law firms and our Tax team works closely with international counsel on cross-border tax matters. We also work in tandem with other lawyers and professionals in the Maples Group to develop the most innovative and efficient solutions for our clients.
European Union Tax Law
Tax is at the forefront of the European Union policy agenda, with a range of new EU legislative tax measures such as the EU Anti-tax Avoidance Directives and the EU Mandatory Disclosure rules, along with EU State Aid investigations led by the European Commission and European Court of Justice tax caselaw.
These EU developments have a substantial impact on national tax laws in the EU Member States.
The Maples Group's Tax teams in Ireland and Luxembourg have significant expertise advising clients in relation to these EU law developments. We are involved in policy discussions with government organisations and EU bodies through involvement in industry associations and have particular insight into these developments.
Our Tax services include:
Structured finance and securitization
Property acquisition structuring and taxation
Aviation and asset finance and leasing
Corporate reorganization
Foreign direct investment
Intellectual Property
Investment funds
Mergers and acquisitions
Tax disputes
Indirect tax advice
Wealth management / family office
Tax compliance and FACTA / CRS reporting
Tax Disputes
The Maples Group has a market leading Tax Disputes practice. Andrew Quinn and William Fogarty from our Tax team and Robin McDonnell, Kevin Harnett and Eugene McCormick from our Litigation team lead this practice and together form an integrated and technical team of experts with the combined expertise to deal with all aspects of a tax dispute.
We regularly represent and advise on a wide range of tax investigations and disputes with the Irish Revenue Commissioners and overseas tax authorities. We also advise clients on matters relating to tax disputes or potential disputes, such as cases where there are contractual or indemnity claims with third parties relating to tax liabilities and also matters involving assessing and protecting against tax risk. In particular, clients approach us to assist them with regard to a tax dispute in addition to or rather than their existing legal and tax advisers in order to address any perceived conflict.
In our experience, tax authorities worldwide have become more assertive in investigating and disputing the affairs of taxpayers. In Ireland, there have been a number of high profile Irish Revenue interventions in recent times. For example, in 2018, the Irish Revenue Commissioners issued a tax assessment for €1.64bn on an Irish subsidiary of Perrigo Company plc, an international US listed healthcare group, and in 2019 an assessment against Takeda, the pharmaceutical company, for €398m.
Many Irish tax disputes do not result in public litigation. Although some of our work is public, such as our representation in the Irish courts, for financial institutions a large amount of our work is undertaken privately and without disclosure. We have considerable expertise in assisting with enquiries, audits and the negotiation of settlements with tax authorities. The creation of the Tax Appeals Commission in 2016, which replaced the Appeal Commissioners regime, has created a more formalised and rigorous process for appeals from assessments by the Irish Revenue Commissioners. Where settlements with the tax authorities cannot be achieved, we work closely with our clients to assist them in the robust pursuit of appeals against erroneous assessments.
Our recent experience includes advising:
- An international financial institution in Irish Commercial Court proceedings regarding the tax treatment of Irish dividend withholding tax. This was a widely-reported action which resulted in a successful outcome for our client.
- Companies and insurance companies with regard to protecting against potential future tax risk related to a transaction. This includes both ‘warranty and indemnity’ insurance and specific tax risk insurance.
- An international investment firm with regard to the denial of a tax refund by the German tax authorities to their Irish company in which we utilised European law to successfully obtain the full refund.
- Several investment funds in a tax investigation and settlement relating to directors' fees for non-executive directors. This involved detailed discussions with the Irish Revenue Commissioners and a subsequent successful settlement involving over 15 individual clients.
- A class action appeal involving over 60 high net worth individuals in a tax avoidance case. This case broke new procedural ground and resolved a case which, prior to our involvement, had persisted for over 10 years of difficult and costly litigation.
- Several Irish property owners on VAT audits. In one case, a client had recovered significant amounts of VAT. The case involved a detailed analysis of Irish and EU VAT legislation and was ultimately resolved in favour of that client.
- Appearing at the Irish Tax Appeals Commission on behalf of clients to dispute cases involving trading status for Irish tax purposes.
- A client with regard to a professional negligence claim against an Irish advisory firm with regard to alleged negligent tax advice.
- Acting on behalf of a financial institution in an international tax dispute involving questions of beneficial ownership and double tax treaty access.
Locations
Dublin | Luxembourg