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 case law.

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 securitisation
Property acquisition structuring and taxation
Aviation and asset finance and leasing
Corporate reorganisation
Foreign direct investment
Intellectual Property
Investment funds
Mergers and acquisitions
Tax disputes 
Indirect tax advice
Wealth management / family office
Tax compliance and FATCA / 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 €1.64b 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
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Please note that your email may be received and read by other Maples Group employees in addition to your intended recipient.

The use of this form does not create an attorney-client relationship and information submitted will not necessarily be treated as privileged or confidential, nor will it prevent us from accepting related instructions on behalf of others. Do not send us any information regarding any current or potential legal matters until your proposed engagement of us as legal counsel has been agreed and confirmed by us in writing.

Announcements

Maples Group Strengthens Financial Services Regulatory Practice with New Partner Hire 

Maples and Calder (Ireland) LLP, the Maples Group's law firm in Ireland, is pleased to announce the addition of Lorna Smith who joins the firm as a Partner in its Financial Services Regulatory practice. 

13 Jan 2021

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Announcements

Maples Group Expands Middle Office Service Offering to the Leon Levy Foundation

The Maples Group is pleased to support the Leon Levy Foundation, a private philanthropic foundation with US$450 million in assets. The Group's consolidated operational and technology platform for data aggregation, portfolio accounting and portfolio reporting and customized support has allowed the Leon Levy Foundation to meaningfully analyze its investments in a timely manner while better understanding the strategies to which it has allocated capital.

12 Jan 2021

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Announcements

Maples Group Recognised for Excellence in Asia by China Business Law Journal

Maples and Calder, the Maples Group's law firm, is pleased to announce that its Asia practice has been recognised for its role in advising on seven of the transactions listed as Deals of the Year 2020 by China Business Law Journal ("CBLJ").  Additionally, Anthony Webster, Partner and head of the Funds & Investment Management team in Hong Kong and Matt Roberts, Partner and head of the Corporate practice in Asia were recognised on CBLJ's A-List. 

12 Jan 2021

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Deals

Maples Advises on Xiaomi's US$4Billion Top-up Funding Placement 

The Maples Group was pleased to act as Cayman Islands counsel to Xiaomi Corporation in relation to its combined issue of US$855million zero coupon guaranteed convertible bonds, due 2027 and convertible into class B ordinary shares of Xiaomi Corporation under general mandate and approximately US$3.1billion subscription of placing of existing shares and top-up subscription of shares under general mandate. 

18 Dec 2020

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Announcements

Maples Group Proud to Support Barnardo's UK and Barnardos Ireland

The Maples Group's Dublin and London Offices are proud to announce that together they have selected Barnardo's UK and Barnardos Ireland for a special Christmas donation. 

17 Dec 2020

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AWARDS

Tax Contributing Authors of the Year 2019

Bloomberg

Offshore Law Firm of the Year 2017

ALB China Law Awards

Best Overall Offshore Law Firms for China Work 2017

China Business Law Journal

Offshore Law Firm of the Year

ALB Hong Kong Law Awards

Offshore Law Firm of the Year

ALB China Law Awards

Offshore Law Firm of the Year

ALB SE Asia Law Awards

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