Prethodno priopćenje
https://doi.org/10.30925/zpfsr.39.4.10
TAX-RELATED RISKS OF MERGERS AND ACQUISITIONS IN CROATIA: DRAWING THE LINE BETWEEN LEGITIMATE BUSINESS RESTRUCTURING AND AGGRESSIVE TAX PLANNING
Nataša Žunić Kovačević
orcid.org/0000-0001-6923-5658
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Stjepan Gadžo
; Sveučilište u Rijeci Pravni fakultet, Rijeka, Hrvatska
Sažetak
Mergers and acquisitions of Croatian target companies may involve significant tax risks for domestic and foreign acquirers. Over the recent years, Croatian tax authorities have started to vigorously assess the economic substance of the envisaged M&As, often denying the acquirer different tax benefits, thus making the entire restructuring costlier. In doing so, Croatian tax authorities rely on a myriad of domestic anti-tax avoidance rules according to which M&A operations may be characterised as abusive. Accordingly, this paper offers a descriptive and systematic account on how Croatian anti-tax avoidance legislation may hinder M&A activity. Thereby, our aim is primarily to explore, both from a substantive and procedural point of view, the imagined boundary between legitimate and abusive tax planning.
Ključne riječi
mergers and acquisitions; tax planning; lawfully avoiding payment of taxes; tax neutrality; burden of proof; the general rule against tax evasion
Hrčak ID:
218343
URI
Datum izdavanja:
28.2.2019.
Posjeta: 3.432 *