Every fundamental entrepreneurial decision – whether setting up in business, reorganisation or change of corporate form, corporate succession or the acquisition or sale of a company, triggers fiscal consequences. As we are legal advisers of enterprises and entrepreneurs, fiscal law forms one of our core competences. Our work is, in that regard, not limited to national fiscal law. The lawyers of our partnership work out solutions to issues arising from cross-border legal relations, using the means provided by international fiscal law. In regard to problems pertaining to the fiscal law of foreign countries, we involve our co-operation partners, whom we can contact in any commercial centres in the world.
Legal arrangements in the field of company law
We ensure that companies advised by us are guided in the matter of using the correct legal form under tax aspects. In the case of corporate structuring, and in particular in the case of restructuring, we do not limit ourselves to explaining the consequences for the balance sheet and the fiscal consequences. Rather, it is an incentive for us to develop the optimum solution for our clients under fiscal law in the particular case, and use the means available to us under reorganisation law and reorganisation tax law in combination with each other. In that respect, we regularly co-operate closely with our clients' tax consultants or certified accountants. Büsing Müffelmann & Theye secures complex arrangements or those that are innovative in terms of fiscal law by obtaining binding information from the tax authorities.
The development and implementation of optimized tax solutions is attributed a key role in the case of corporate transactions. We formulate individual tax-optimized solutions for buyers or sellers, whether it relates to share deals or to asset deals. However, the long-term prospects for disposal also bring about fiscal considerations, which could be of great benefit. In every case, our client can be sure of obtaining competent advice from a single source, from developing the transaction structure, to the due diligence and contractual negotiations, up to the closing. We utilize our decades of experience in this field to co-ordinate the corporate objectives with the fiscal circumstances.
Succession planning, inheritance planning
In the case of corporate succession, fiscal concerns are of particular significance, including existential significance. We therefore develop the tax-optimized succession hand in hand with the entrepreneur at an early stage, and sound out which of the variants coming into question is the most expedient for the entrepreneur and his or her undertaking, as well as for the designated successor. We advise in the case of anticipated inheritance (corporate succession during the assignor's lifetime) and provide information based on our expertise in bestowal law and specialist knowledge in income tax law, so as to avoid or minimize the fiscal burden, through sound arrangements.
In addition, we use our experience, that we have obtained as a result of many corporate successions in which we have been involved, to integrally secure the concept of succession.
This not infrequently also concerns problems arising outside the field of tax law, practical problems rather, as well as personal matters associated with corporate succession. In regard to consultancy concerning inheritance planning and the law on endowments, not only entrepreneurs number among our clientele, but also wealthy private individuals. We advise on drawing up dispositions in contemplation of death in the way that is correct under tax law, whether it be a will or a contract of inheritance.
We can also demonstrate a great deal of experience in providing legal advice in connection with setting up corporate, family or also charitable foundations, in particular as bearers of inherited wealth or wealth that is to be inherited. In that respect, we advise our clients on planning a foundation, and implement the underlying aims by properly and effectively designing the memorandum and articles of association of the foundation. We assist in obtaining official recognition of the foundation, and continue to be involved in running the foundation, not only in the initial stages.
We effectively engage in disputes with the fiscal authorities to protect the interests of our clients. We represent our clients in external tax auditing proceedings, opposition proceedings and litigation proceedings, if necessary even before the Federal Fiscal Court. We very often assist our client's tax adviser or certified accountant in such proceedings. In our legal involvement in tax affairs we make use of the advantage that we have in regard to the tax authorities, because we are able to evaluate the economic contexts better, based on our experience or ongoing advice to our clients, and thus assess the fiscal situation more accurately.