Tax and administrative litigation

The instability and ambiguity of tax regulations has been an on-going long-term concern for Romania’s business sector. The lack of predictability in the application of tax legislation has often caused complex tax disputes.

We are at our clients’ side every step of the way during any contentious proceedings including the control stage, the administrative jurisdictional stage and any final court proceedings.

Most recently we have been involved in high-value tax disputes and tax fraud criminal investigations, offshore fiscal treatment and double-taxation avoidance disputes, transfer pricing and connected party transaction disputes.

• Advised and represented Compania Romprest Service S.A., one of the Romanian leaders in facility management, in obtaining a landmark decision by the Bucharest Court of Appeal, with the annulment of the minutes and corresponding Decision for ascertaining the irregularities and establishing the budgetary receivables issued in 2018 based on AMPOSDRU financing agreement, and with the obligation of the defendant, namely Ministry of European Funds, to reimburse the plaintiff the amount of LEI 4,724,889.90 (EUR 973,935.41), as well as to pay the plaintiff the related legal interest, starting with the date of filing the lawsuit until the date of actual payment.
• Advised one of the most important manufacturers of leather products in Europe in a dispute with the Romanian tax authorities involving transfer pricing with the parent company in Germany.
• Advised a local subsidiary of one of the most well known retail companies in a dispute involving the recovery of EUR 150,000 which Romanian tax authorities levied on intra-community supply and acquisition of goods from our client to another company based in the United Kingdom.
• Advised a transport company in a dispute with the National Agency for Fiscal Administration regarding the annulment of a tax audit report and the resulting tax decision that levied a considerable tax payment and associated penalties.