Phuoc & Partners’ Tax Practice is focused on helping our clients legally minimize the Vietnam taxes associated with their transactions, ongoing business operations, and resolve disputes with Vietnamese taxing authorities.
We are well qualified to give advice on the most complicated tax issues and offer practical and efficient solutions.
- We work closely with the firm’s corporate lawyers in connection with domestic mergers, acquisitions, spin-offs, buyouts, restructurings, and securities offerings
- We work closely on a day-to-day basis with our clients’ in-house tax personnel to help them address ongoing issues, satisfy their compliance obligations, and prepare for potential controversies
- We are experienced in successfully resolving tax disputes with the Ministry of Finance, General Department of Taxation and local tax authorities, through both the examination and appeals processes
- We have successfully litigated a wide variety of tax disputes in the Vietnamese courts at the first instance and appellate courts
- We proactively seek solutions by lobbying the Ministry of Finance, General Department of Taxation to issue regulations or rulings
Our lawyers, located throughout Vietnam, were recognized as the Leading Tax Advisors in Vietnam by the Tax Handbook and are highly rated in the Asia Chambers, the Legal 500 and other peers as well as client rankings.
The Tax Practice integrates dispute, consulting and transactional advice to produce practical and efficient solutions to often highly complex tax problems.
a. Tax dispute and litigation
The Tax Dispute and Litigation Practice deal regularly with the Ministry of Finance, General Department of Taxation, and local tax authorities in resolving tax disputes and cases, and we have successfully litigated a variety of tax disputes in the Vietnamese courts.
The firm’s wealth of experience in tax administration, policy, and procedure provides us with valuable insight into the governments and the courts’ perspectives into several tax issues.
Our tax litigation practice has represented several diverse industries involving a wide array of domestic substantive tax issues in the areas of income, employment tax, as well as in the tax-exempt arena. We are often required to apply complex provisions of the tax law to facts arising out of highly specialized areas such as transfer pricing, business valuation, corporate finance, financial and regulatory accounting. In preparing cases, we work closely with in-house specialists as well as with private sector and academic consultants. We work in a fully integrated fashion with our clients’ in-house counsel and tax managers/directors, and take pride in understanding and achieving our clients’ goals in tax disputes.
In addition to representing clients in tax litigation, we frequently counsel clients regarding tax procedures, such as reporting and disclosure requirements, the avoidance or abatement of tax penalties, privileges, summons enforcement, and domestic discovery. We also represent clients involved in criminal tax investigations advising at the entity or with senior management.
b. Transactional Tax Advice
Tax Practice has extensive experience in transactional tax planning on a national as well as an international basis and aims to develop and implement tax-efficient structuring to satisfy client objectives.
We regularly work with our clients on tax issues associated with a wide variety of domestic Mergers and Acquisitions, reorganizations, spin-offs, joint ventures, and strategic alliances, as well as equity and debt securities offerings.
Both domestically and internationally, we have substantial experience in the following areas:
- Corporate reorganizations, mergers, acquisitions, spin-offs, leveraged buyouts, and workout and bankruptcy matters;
- Joint ventures, partnerships, and other strategic alliances;
- Cross-border transactions, including international lending;
- Structuring investment into Vietnam;
- Structuring of tax and operationally effective legal structures for multinational groups;
- Structuring financial instruments and investment products; and
- Transfer pricing planning and documentation studies.
If you would like further information on how our firm can assist in addressing your tax issues, please feel free to Contact Us.