Requalification of a sale of shareholdings into a sale of business unit
Legal assistance in a tax litigation concerning a stamp duty payment notice.
The Firm assisted an holding company operating in the infrastructure sector, real estate, technological networks and roadway mobility, in a lawsuit against a proportional stamp duty payment notice issued by the Italian tax agency.
The tax agency challenged to the holding company the execution of a transfer of a business unit occurred, according to the tax authorities, by means of two different kind of transactions: the contribution of a business unit and the following sale of shares issued following the contribution. These transactions would have had the purpose of avoiding the application of the proportional stamp duty on the alleged sale of the business unit.
The Firm assisted the holding company during the first degree lawsuit drafting all judicial documentation providing the tax court with the correct explanation of the challenged transactions, with particular reference to the proof that in this case said transactions were consistent with the corporate reorganisation and restructuring plan set up by the holding company.