Legal and tax structuring
The determination of an optimal company structure (i.e. after an M&A transaction) is a complex process driven by a number of tax and non-tax related considerations. In order to meet the challenging demands of our clients we have specialised in the development, design and implementation of all types of transaction structures within the broader context of mergers and acquisitions, covering inbound and outbound investment as well as internal group reorganisations.
Our legal & tax structuring services are tailored to ensure that commercially viable structure alternatives are identified at the outset of the process and that the best option is selected after due consideration of the related risks and benefits.
We structure your deal in the most tax efficient way, covering the legal aspects as well.
Our consulting services:
We provide a comprehensive range of legal & tax structuring advisory services including:
- Designing transaction alternatives
- Drawing up a detailed step-by-step transaction structure memorandum
- Providing support in connection with transaction calculations
- Preparing formal tax opinions and ruling applications
- Implementing a new structure (including drafting the necessary transaction agreements, resolutions and supporting documentation)
- As M&A transactions including internal group reorganisation may present significant tax risks, we also provide comprehensive tax due diligence services (including the issuance of a detailed tax due diligence report) which are designed to identify all material historical tax risks as well as also opportunities and tax attributes relevant to the structuring of the specific M&A deal
Since each M&A transaction presents a number of alternative courses of action, each of which may yield a different tax result, PSP – as a full service advisory firm – is committed to creating the ideal M&A transaction structure by ensuring that the commercial objectives of the parties are achieved in the best possible manner from a legal & tax perspective: This involves taking into account the immediate as well as future implications of the transaction. Typically for acquisitions, our services are aimed at ensuring tax efficient deductibility of interest (of any debt financing) and tax optimised repatriation of profits and/or cash as well as at the avoidance of any WHT within the future deal structure. Last but not least, any legal obstacles and conditions are taken into account by PSP’s legal department to provide our clients with the best legal & tax solution they can work with after the restructuring.