A corporate transaction or reorganisation is never an end in itself.
We look at the more profound finality and the nature of wealth transfer. Where assets migrate, taxation comes into play.
Exits from companies
Exit from a company and its implications
Exiting a company means that a shareholder (or partner) leaves the company and transfers their shares or participation, often in exchange for payment. It is a way to allow a shareholder to step out of the business when cooperation is no longer possible or desirable.
Our approach:
Conflicts at the shareholder level can seriously disrupt the operations of a company and also cause significant personal and emotional stress. In some extreme cases, the situation can become untenable. Corporate law provides the mechanism of exit to address this.
Simply put, you surrender your shares to the company or to the other shareholders and receive compensation in return. Whether it concerns an exit provided for in the company’s articles of association or one imposed by the president of the enterprise court, you can rely on the assistance of Tuerlinckx Tax Lawyers throughout the entire process.
Such procedures often involve important accounting and tax issues, where we are ideally positioned to provide the necessary guidance.
In practice? Illustrative cases:
CASE
The exiting partners of a real estate company sold their shares to the remaining partners. In the share purchase agreement (“SPA”), the sellers provided a number of warranties to the buyers, including a warranty that the company complied with all tax obligations. Following the transfer, a tax assessment was issued.
Team CORPORATE assisted the acquiring partners with a post-acquisition claim in order to enforce the agreed warranties under the SPA. Thanks to a thorough analysis of the agreement, and after negotiation and mediation with the selling party, the tax liability was partially offset against the purchase price.
Schedule a meeting?
Are you facing a similar issue or do you have questions following this case? We’d be glad to assist you – don’t hesitate to get in touch with team CORPORATE: TeamCorporate@Tuerlinckx.eu
“Tax is everywhere”
“Look before you leap”.
A corporate transaction or reorganisation is never an end in itself. We look at the more profound finality and the nature of wealth transfer. Where assets migrate, taxation comes into play.
Advice
Disputes
Are you looking for tax advice based on a firm foundation, written in regular language and which offers a viable solution? Then you have come to the right place at Tuerlinckx Tax Lawyers! We supplement classic tax advice with a tax risk analysis to ensure that a structure passes the tax administration or court review. Together, we go for well-founded solutions that meet both short and long-term objectives.
Count on the CORPORATE team for assistance with tax audits and discussions with the tax administration, both at the administrative stage and in court. We ascertain precisely what the tax administration will and will not allow in the specific tax files. We also explore the viability of the tax authority’s claims and the arguments you could use to make a difference in court.
Regularisations
Negotiations
What if some components of your assets have not been subjected to the correct tax regime? You can still realise a rectification within a legally prescribed framework, through tax regularisation. The experts at Tuerlinckx Tax Lawyers can analyse how to use this tax technique correctly and guide you through the rest of a case.
Tuerlinckx Tax Lawyers are experienced negotiators. Our priority is always the best possible deal for our clients. Whether it concerns contract negotiations, settlements or business transactions, we provide the lasting and most beneficial solution!
Advice
Are you looking for tax advice based on a firm foundation, written in regular language and which offers a viable solution? Then you have come to the right place at Tuerlinckx Tax Lawyers! We supplement classic tax advice with a tax risk analysis to ensure that a structure passes the tax administration or court review. Together, we go for well-founded solutions that meet both short and long-term objectives.
Disputes
Count on the CORPORATE team for assistance with tax audits and discussions with the tax administration, both at the administrative stage and in court. We ascertain precisely what the tax administration will and will not allow in the specific tax files. We also explore the viability of the tax authority’s claims and the arguments you could use to make a difference in court.
Regularisations
What if some components of your assets have not been subjected to the correct tax regime? You can still realise a rectification within a legally prescribed framework, through tax regularisation. The experts at Tuerlinckx Tax Lawyers can analyse how to use this tax technique correctly and guide you through the rest of a case.
Negotiations
Tuerlinckx Tax Lawyers are experienced negotiators. Our priority is always the best possible deal for our clients. Whether it concerns contract negotiations, settlements or business transactions, we provide the lasting and most beneficial solution!
