Tax & Customs
Partner Ionut Bohalteanu is a registered member of the Romanian Chamber of Tax advisers – the foremost member institution for tax advisers in the country.
A highly respected tax adviser, he is equally proficient providing standalone tax advice, or on the tax elements of a large transaction. Most of his clients are international and come to him for standalone tax advice, as evidenced in the work matters detailed here.
- Advising the Bucharest Stock Exchange in connection with various legislative initiatives with impact on capital markets, especially from a tax perspective.
- Assisting a top international law firm on the envisaged project regarding the sale of a majority package of one of their clients, part of a very important international group acting in the IT systems field, on what concerns the tax aspects regarding the envisaged transaction, including preparing a tax red flag due diligence report.
- Advising a Romanian company acting in the petroleum services field, with respect to preparing and revising a set of contracts used in the day-to-day activity, such as fluid transport agreement, mechanic and electric maintenance agreement, pump repair works agreement, construction work agreement, including from a tax perspective.
- Advising a life sciences company in connection to various claw – back contribution aspects.
- Assisting Romanian financial institution, part of an international reputed group, in connection to the envisaged transfer of shares from the actual shareholder to an affiliated company, in which respect we prepared a complex memorandum on various corporate and regulatory matters, including what concerns from a tax perspective the transfer pricing aspects.
- Assisting Launchmetrics Technologies, a developer of public relations and marketing focused software, part of an international group, with respect to the tax matters related to the employment of a foreign person under telework regime, including with the relevant registration formalities with the tax authorities.
- Assisting a natural gas supplier and distributor in Maramures County, with respect to the VAT regime applicable to the payment of damages and penalties to the technical operator of the national gas transmission system.
- Advising a global biotechnology company with respect to various tax matters related to the sponsorship granted to health care personnel.
- Advising a multinational banking and financial services corporation, in connection with the transfer of social contributions from employers to employees, as well as the amendment of the employment agreements in force.
- Assisting Magheru Property Investment, a company part of an important Austrian group acting in the real estate field, in connection with the tax implications regarding a complex increase of the share capital.
- Assisting a Romanian company acting in the pharmaceutical industry, more specifically distribution of medical devices, in connection with the tax implications related to depreciated fix assets which were provided to third parties to be used.
- Advising an American group marketing health, beauty, and home care products, on specific matters concerning the implementation of a new customer model in Romania, including an assessment of permanent establishment risk and the taxation regime applicable to income generated from marketing activities performed on Romanian territory.
- Advising a global healthcare company on sundry tax matters including: drafting and amending, from a tax perspective, various agreements with healthcare professionals and healthcare organizations and assisting with reimbursement of clawback contributions.
- Advising one of the most important supermarket retail brands in Europe, on the tax implications of a significant real estate investment in Romania, involving the acquisition of several commercial buildings. The assistance provided involved analysing the taxation of several categories of income and advising on the potential effect of double taxation treaties with the Netherlands, France and Luxembourg.
- Assisting Christian Tour, one of the largest tour operators in Romania, with respect various tax implications related to potential transfer of shares, tourism services and administrative and support services, international transport services provided across Europe.
- Advising a global pharmaceutical company in connection with: VAT treatment of medical services provided to the company by healthcare professionals and recharging costs related to services purchased and paid for the benefit of certain affiliate companies.
- Advising Cognetik, an international company specialized in data analysis, in connection with the tax regime of digital consultancy services.
- Advising an important Romanian real estate developer, on the potential risks of certain strategies for implementing a real estate project through a “special purpose vehicle” (SPV). The assistance provided included an analysis of both corporate and tax issues related to the project.
- Advising Aforti Exchange Romania, part of Aforti Holding Polish group, on specific tax matters such as tax implications related to agreements concluded between the company and service providers, potential requalification, from a tax perspective, of agreements concluded with independent contractors as a dependent activity.
- Assisting an important capital markets-focused investment fund on various tax matters relating to the company’s investment activity. Legal assistance provided has included establishing the client’s tax obligations in Romania and representing the client in front of the Romanian tax authorities.
- Advising the Romanian branch of a major Chinese company in the solar energy field on the negotiation and completion of several ISDA agreements based on the sale of electricity. The assistance provided included drafting a legal opinion on the tax treatment of the transaction, including VAT related aspects, with reference to the applicable Romanian legislation.
- The team provided analysis on the taxation of assignment of receivables for one of Romania’s leading producers of building materials subsequent to a share capital increase by cash contribution and debt-to-equity swap. We also advised our client on the inclusion of directors’ annual performance bonuses and share bonus schemes.
- Advising a Liechtenstein-based trust on the Romanian tax regime regarding asset transfers from Liechtenstein and Switzerland-domiciled bank accounts and the application, in Romania, of the OECD Controlled Foreign Corporation rules.