Indirect Taxation

We have a team of highly specialized lawyers who offer top quality advice and analysis on matters of indirect taxation

The Financial and Tax law area of Cuatrecasas has an Indirect Tax Group made up of lawyers who are experts in indirect taxes such as VAT, Real Property Conveyance Tax, Local Taxes on Real Estate Transfers for Consideration and the Stamp Duty, as well as customs matters and Excise Taxes. Our Indirect Taxation Group is equally capable of advising clients on local taxes —such as the Local Tax on Real Estate— and taxes that are specific to regulated sectors. 

Thanks to their in-depth knowledge of the various indirect taxes that economic agents must deal with in day-to-day activities, our lawyers also offer integrated value added services to our clients in the diagnostic or planning of their operations, as well as during the implementation or actual operation phase or the activities under analysis. The Indirect Tax Group of Cuatrecasas is also qualified to provide services in the area of Compliance (fulfillment of the formalities associated with the numerous applicable indirect taxes, such as for example support when making or filling out statements).

To provide such services the lawyers in the Indirect Tax Group have extensive and up-to-date knowledge of European, national and autonomic legislation and jurisprudence that may impact client operations.

Value Added Taxes: We are qualified to provide a wide range of services in this Tax area, such as the analysis and diagnosis of taxes that apply to the various transactions in which our clients are involved so as to ensure they are properly handled from a tax point of view, and possibly optimizing client taxes within applicable law. Merely as an example, client collaboration may consist of: 

• Analysis of transactions involving several jurisdictions, to establish accurately their tax domicile and taxation. 
• Analysis of transactions to minimize the impact of non deductible VAT borne by clients in sectors where most transactions are exempt from VAT (for example real estate brokers). 
• Reviewing the application of the general deduction regime, particularly reviewing the calculation of the percent or pro-rata deduction for taxpayers engaged in exempt activities, such as financial institutions.  
• Analysis of the benefits of applying specific special regimes, such as the special regime for groups of entities, and advising on implementing these regimes. 
• For situations that are particularly complex and where it is justified, we are qualified to draft requests for binding information from the relevant Tax Administration Authorities. 

Real Property Conveyance tax and stamp duty: In Spain we advise on this matter which has great relevance in matters of real property and business transfers, as a result of our in-depth knowledge of the peculiarities of the different Autonomic Communities within Spain.  In Portugal our advisory services focus on Municipal Taxes on Real Estate Transfers for Consideration (“IMT”), as well as on Stamp Duty on real estate and financial transactions.  

Local taxes: In Spain we advise clients on local taxes, particularly on taxes such as the Building, Facilities and Construction Tax, Property Tax or Taxes on Increased Value of Urban Land. In Portugal our support is particularly relevant in the area of Municipal Property Taxes (“IMI”), the Vehicle Road Tax (“IUC”) and city taxes of a municipal nature. 

Excise and customs taxes: We advise on special excise taxes and on the practical implementation of regimes to waive or exempt these taxes, always paying close attention to the efficient articulation between these and other taxes such as Value Added Taxes.  We also advise on customs matters, in particular analyzing and implementing the international trade transaction models best suited to the business models of our clients.  We also provide advice on determining the customs value of the transactions. 

Litigation advice: We have ample experience in defending the rights and guarantees of client taxpayers before the Tax Authority (for example in preparing and tracking claims and administrative appeals) made to the competent national (for example preparing judicial impugnations, special administrative claims and appeals on tax matters) and community (tracking decisions on preliminary rulings forwarded to the European Union Court of Justice) courts.