Your access to outstanding service in tax, corporate and investment law.
Investments and participations
The taxation and structuring of capital investments of private and institutional investors are our core area of expertise. A professional investment strategy cannot be realised without the tax management of complex forms of investment (e.g. funds, certificates, foreign investments) with cross-border implications. This applies in particular to investments in so-called alternative investments, such as renewable energies, infrastructure, closed-end property funds, private equity, etc. Our experts have the necessary expertise and many years of experience in legal areas such as the Investment Tax Act, the Foreign Tax Act, international tax law and the relevant company law.
We advise private and institutional investors on making such investments and ensure the proper fulfilment of tax obligations (compliance). In addition, we support our clients in the run-up to the investment to avoid unnecessary additional tax burdens (e.g. definitive withholding taxes) that could reduce returns. TAXGATE's particular strength lies not only in providing structuring advice but also in efficiently carrying out complex tax declaration tasks with an international dimension.
Our team supports German and foreign banks, funds and issuers of certificates in the structuring of investment products, taking particular account of the tax requirement profiles of target clients as well as German and foreign entrepreneurs. We see ourselves as proactive partners who work with our clients to design tax-efficient forms of investment, taking into account the latest legal developments.
In addition, our consultants have many years of experience in auditing add-back tax situations in accordance with the Foreign Tax Act (AStG) and support clients in the categorisation of foreign companies in accordance with this legislation and assist them with upcoming tax audits.
- Tax due diligence of complex investment structures and investment strategies
- Optimisation of investments through the use of domestic and foreign investment vehicles and securitisation solutions
- Structuring of national and international funds, in particular in the areas of real estate and alternative investments
- Profit participation rights, bonds and other hybrid investment alternatives
- Advice on the implementation of management participation programmes and carried interest structures
- Advising domestic funds on avoiding tax disadvantages due to new investment tax requirements
- Advising companies with regard to the review of the add-back criteria pursuant to Section 7 AStG and determination of any add-back amounts within the meaning of the provision
- Advising natural persons on changing their place of residence abroad, taking into account exit taxation in accordance with Section 6 AStG
- Support with AStG tax audits
- Expert opinions on tax-oriented capital investments and financing structures
- Obtaining binding information from the tax authorities
- Obtaining negative information from the Federal Financial Supervisory Authority (BaFin), e.g. to avoid unauthorised investment transactions in the area of alternative investments
Real estate
The taxation of real estate under German tax law is characterised by a wide range of regulations that are sometimes difficult to understand and economically difficult to comprehend.
Our real estate services support you both with investments and throughout the entire life cycle of your property. You also benefit from our in-depth expertise in corporate transactions involving property ownership, particularly in real estate transfer tax law.
Our experts will also show you what structuring options are available for property transactions:
- Land held as private or business assets
- Current developments (e.g. new investment tax law from 2018)
- Choice of legal form and financing
- Tax optimisation for restructurings
- Open or closed-end property funds
- Transfers in the context of anticipated succession
Heirs and assets
ASSET SUCCESSION
Inheritance tax can be a tax burden that jeopardises the existence of family businesses in particular. Both entrepreneurs and wealthy private individuals should prepare and implement measures to optimise their estate and succession planning in good time.
An important aspect of asset succession planning is the careful analysis of the current and future family and tax environment as well as the allocation of assets to different asset types and countries.
TAXGATE's services in this area show possibilities for reducing inheritance and gift tax burdens, for example through anticipated inheritance, asset reorganisations for the targeted use of inheritance tax benefits or by including life insurance policies and foundations.
In co-operation with renowned law firms, further legal arrangements such as marriage and inheritance contracts, wills and the execution of wills are included in the asset succession concept. In addition, our advisors have many years of experience in taking international aspects into account, for example when moving abroad. In particular, moving abroad, which is attractive in terms of inheritance tax, can be associated with considerable tax burdens in terms of income tax without the corresponding actual realisation of profits, meaning that careful preparation and implementation is of particular importance.
INVESTMENT CONSULTING
The large number and complexity of investment alternatives for capital and tangible assets initially requires a comprehensive and clear recording of investments and types of income. TAXGATE's services in this area focus on the development of standardised asset controlling for all investments, including a timely analysis of the individual investments in terms of effective costs, income and taxes.
Transactions
Corporate transactions are regularly characterised by a high degree of tax sensitivity for the market partners involved. National accounting and tax law already offers a large number of options and structuring possibilities.
Planning the tax burden includes both the opportunities for tax-optimised solutions and the avoidance of tax disadvantages as part of tax risk management. This expertise is supplemented by the inclusion of regulations of international tax law and increasingly by the case law of the European Court of Justice.
We have many years of experience in tax structuring advice and can support you in the following important decision-making situations in particular:
- Tax structuring of M&A and private equity transactions (company acquisitions, mergers, joint ventures), financing rounds and recapitalisations
- Process planning in consideration of VAT and other transaction taxes
- Tax due diligence
- Investment, financing and distribution decisions
- Choice of legal form when setting up a company, including foreign subsidiaries (inbound / outbound)
- Tax risk management including strategic preparation for tax audits
- Accounting and valuation options
- Reorganisation / conversions
- Remediation measures
TAXGATE Private Equity Services
We have decades of experience in the field of private equity. This includes advising private equity firms on fund structuring and advising investors on making investments in private equity funds (so-called upstream advice). Our activities also focus on advising private equity funds on the investment of the funds received from investors in the context of the acquisition and sale of shareholdings (downstream advice).– or transaction business). Our advisory services include the following, among others:
Fund structuring
- Tax structuring of M&A and private equity transactions (company acquisitions, mergers, joint ventures), financing rounds and recapitalisations
- Process planning in consideration of VAT and other transaction taxes
- Tax due diligence
- Investment, financing and distribution decisions
- Choice of legal form when setting up a company, including foreign branches and foreign subsidiaries (inbound/outbound)
- Tax risk management including strategic preparation for tax audits
- Accounting and valuation options
- Reorganisation / conversions
- Remediation measures
Declaration and accounting
Tax return and accounting services:
- Tax returns for partnerships (two-tier) and atypical silent partnerships, taking into account the mirror image method
- Preparation of annual financial statements in accordance with HGB
- Declaration of trusts in tax returns
- Uniform and separate profit assessments for domestic and foreign personal investment companies (section 18 InvStG)
- External tax returns, e.g. for foreign capital investment companies (§ 19 InvStG, §§ 7 ff. AStG)
- Tax returns for family foundations
- Inheritance and gift tax returns as well as valuation of business units and real estate in accordance with the German Valuation Act (Bewertungsgesetz), including a statement of combined assets
Family business
Our TAXGATE team offers family businesses and entrepreneurial families professional and strategic services in all matters relating to the structuring of their national and international investments. Our focus is on the structuring, legal review and implementation of investments and their financing, the restructuring of companies and corporate groups, corporate succession, succession planning for wealthy private individuals, the conception of foundations and the implementation of transactions.
Due to the increasing international mobility of shareholders, questions of international tax law and exit taxation often become more important.
Our team has many years of extensive professional experience and offers the following services, among others:
- Examination of all tax aspects of an investment in Germany or abroad (company acquisition, permanent establishment, joint venture, property purchase)
- Advice on the legal form for ongoing business and reorganisations
- Support with the foundation of a new company
- Consultancy and implementation of cross-border restructurings
- Shareholder agreements / joint venture agreements
- Structuring and implementation of management participation programmes
- Establishment of foundations
- Support in shareholder disputes
- Corporate governance aspects, e.g. use of advisory boards
- Complex international tax declarations (inheritance/gift tax declarations, AStG).
Tax audit and tax dispute
Tax audits and other tax proceedings can lead to protracted conflict situations with the tax authorities, which can also escalate into criminal tax proceedings. In addition to finding an appropriate solution to the tax dispute, the avoidance of unjustified tax claims - possibly with consequences for future assessment periods - is a key objective. With regard to the foresighted avoidance of criminal law scenarios, communication in ongoing taxation proceedings is of great importance. Last but not least, functioning tax compliance is also essential for managing directors and board members in order to limit liability.
Tax litigation and tax compliance services:
- Conducting the appeal process from objection to legal action
- Support during tax audits
- Assistance with tax disputes in connection with tax-oriented investments and structured financing (e.g. cum/ex arrangements, private label funds and tax deferral models)
- Preventive advice on criminal law risks for bank employees, initiators and financial service providers
- Analysis of criminal tax law risks in the corporate sector
- Correction of tax returns
- Support in criminal tax proceedings
- Task force for search and seizure
Legal Services
In addition to tax structuring advice, TAXGATE Partners supports you in the legal implementation of the corresponding measures. This includes, for example, the following services:
- Establishment of companies, partnership agreements and managing director service agreements
- Documentation of fund structures and financial instruments
- Contracts for the implementation of reorganisations (mergers, changes of legal form, spin-offs, spin-offs, holding structures)
- Licence agreements
- Company purchase agreements (asset deal, share deal)
- Financing agreements (loan agreements, silent partnerships, profit participation rights, capital contribution resolutions, capital increase)
- Shareholder agreements / co-investor documentation / management participation programmes
- Intercompany agreements, group allocation agreements, joint venture agreements
- Property purchase agreements
- Wills and inheritance contracts
Your challenge is our task
In a non-binding consultation, we will find out together which options are suitable for you and how we can help you.
