Tax

We advise on the tax-efficient structuring of mergers and acquisitions, disposals, demergers, joint ventures and equity and debt capital raises, and many other corporate transactions. Our advice helps to ensure that these transactions are carried out in a tax efficient manner and avoids unexpected tax leakage.

At Ashurst, our corporate tax team has experience in advising on complex domestic and cross-border transactions. Our full service offering helps us to provide innovative, comprehensive and commercial solutions on the most complex tax matters.

Tax Authorities are increasingly co-operating on an international basis assisted by exchange of information requirements, country-by-country reporting and other cross border tax disclosure requirements.

Our team of tax lawyers has expertise in the structuring of cross-border transactions and tax-efficient investment structures. We advise on a wide range of international tax issues including tax treaty claims, substance requirements, base erosion and profit shifting measures (including corporate interest restriction and anti-hybrid rules) and the introduction on the new Pillar 1 and Pillar 2 rules as part of the OECD's proposals to address the tax challenges of the digital economy.

A significant cost

Tax authorities rely on the revenues generated by indirect taxes for an increasing proportion of their revenues and this has resulted in increased scrutiny of the indirect tax characterisation of transactions. In that context, businesses need to give indirect taxes the attention they deserve. Failure to do so gives rise to unexpected issues in transactions – particularly as a result of changes in law and requirements for digital reporting.

Commercially focused advice

Our team of indirect tax lawyers offer expert strategic and transactional advice on a range of indirect taxes, including VAT and GST, stamp duty, land tax, landfill tax, insurance premium tax and energy taxes. We take time to understand your organisation to tailor our advice to your specific needs and help you design and implement innovative business structures that align your tax exposure to your commercial activities. We regularly consult with revenue authorities and government agencies regarding indirect tax policy and technical matters, helping to ensure that we deliver advice that is practical, commercial, and innovative.

Helping mitigate adverse impacts

Tax disputes can be highly complex and have significant implications for our clients' businesses, incurring significant costs, involving potential reputational damage and taking time to resolve. Resolving these disputes as swiftly and efficiently as possible is therefore essential to mitigate their potential adverse impact.

Technical experience with a commercial mindset

Our tax team has extensive experience advising at all stages of domestic and cross-border tax disputes and contentious discussions, providing our clients with comprehensive technical expertise with a commercial mindset to help navigate all stages of tax disputes efficiently and effectively. Our full service offering encompasses assisting with audits and reviews, the negotiation and settlement of disputes, case preparation and management, and advocacy in tribunals and higher courts as well as through alternative dispute resolution processes (whether through domestic ADR proceedings or those governed by international tax treaties and EU directives).

Tax risk management is an essential element in effective corporate governance, providing a framework for assessing tax risks and complying with legislative requirements while avoiding unnecessary tax-related costs. Having appropriate governance procedures and policies in place is now a legal requirement in many jurisdictions. In an environment of growing tax complexity and scrutiny, managing your tax risk and compliance obligations has become increasingly challenging.

Our experienced tax team employs a comprehensive approach to identify and manage tax risks, working closely with our clients to develop tailored strategies and implement robust compliance frameworks that align with their business objectives. Our depth and breadth of experience can help you to proactively avoid and address tax risks and ensure compliance, minimising challenges from tax authorities and safeguarding your reputation.

Integrated approach

Our tax team works closely with our expert real estate team to understand the unique tax challenges faced by funders, investors, developers and managers. This integrated approach combining our technical excellence and deep commercial understanding helps us to provide innovative, practical and commercial solutions on all aspects of real estate transactions, including some of the largest commercial property acquisitions and disposals, development projects, real estate funds, and property financing.

Experienced team

Our tax team is experienced in direct and indirect tax issues underlying these transactions and tax-efficient structuring of investment and development activities.

We have expertise in the taxation of listed and unlisted funds, alternative investment funds (credit, real estate, private equity, energy, infrastructure and distressed debt), pension and superannuation funds and wholesale and retail funds.

We advise fund managers and investors on tax-efficient structuring of funds and portfolio investments to help minimise tax leakage. We also advise on tax-efficient renumeration structuring including carried interest arrangements.