TAX-RELATED RISKS OF MERGERS AND ACQUISITIONS IN CROATIA: DRAWING THE LINE BETWEEN LEGITIMATE BUSINESS RESTRUCTURING AND AGGRESSIVE TAX PLANNING

Autor: Nataša Žunić Kovačević, Stjepan Gadžo
Jazyk: German<br />English<br />Croatian<br />Italian
Rok vydání: 2018
Předmět:
Zdroj: Zbornik Pravnog Fakulteta Sveučilišta u Rijeci, Vol 39, Iss 4 Posebni broj, Pp 1731-1747 (2018)
Druh dokumentu: article
ISSN: 1330-349X
1846-8314
DOI: 10.30925/zpfsr.39.4.10
Popis: 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.
Databáze: Directory of Open Access Journals