Business Crisis Taxation

We support businesses in optimising the tax impact of restructuring processes by ensuring an effective and compliant management of business crises. We work alongside entrepreneurs, management teams and involved advisors to address tax matters strategically throughout the restructuring journey.

Companies facing financial distress typically carry, in addition to commercial and financial liabilities, significant exposures towards the tax authorities.

For this reason, tax aspects play a crucial role in business crisis management whenever tax debt represents a material component of the overall indebtedness.

Our approach

Our approach is based on a thorough analysis of the company’s tax exposure, with the aim of guiding the business in selecting a restructuring path that properly takes tax considerations into account.

Throughout the various phases of our involvement, we carry out:

    • a review of the company’s tax position, including the identification of tax liabilities eligible for restructuring;
    • an assessment of the available tools for the settlement and restructuring of tax debt;
    • an analysis of the tax treatment of specific and material tax-relevant items (such as debt forgiveness income and capital gains realised by distressed companies), as well as specific tax regimes (including VAT treatment of debt reductions);
    • the identification of the tax effects of restructuring transactions, with a focus on mitigating the risk of post-restructuring challenges by the tax authorities.

By supporting companies throughout all stages of the restructuring process, we help transform a plan grounded in solid legal principles and financial sustainability into a tax-efficient restructuring solution.

Our tax team is composed of chartered accountants and lawyers with specific expertise in assessing the tax implications of business crisis situations and debt restructuring processes.

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