Naslov
Tax-related risks of mergers and acquisitions in Croatia: drawing the line between legitimate business restructuring and aggressive tax planning

Autori
Žunić Kovačević, Nataša ; Gadžo, Stjepan

Izvornik
Zbornik Pravnog fakulteta Sveučilišta u Rijeci (1330-349X) 39 (2018), 4; 1731-1749

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, prethodno priopćenje, znanstveni

Ključne riječi
mergers and acquisitions ; tax planning ; lawfully avoiding payment of taxes ; tax neutrality ; burden of proof ; the general rule against tax evasion

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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA