Taxation

In an increasingly complex and regulated tax environment, our Tax Advisory team offers tailored solutions to minimize risks and maximize opportunities.

From optimizing tax obligations to managing cross-border transactions, we support clients in addressing their biggest challenges, such as interpreting and correctly applying legislation in complex transactions, avoiding double taxation in international operations, preparing for tax inspections, managing tax disputes and reducing their impact, and structuring transactions and investments for tax purposes efficiently.

Our Tax Advisory team combines local expertise with an international perspective to help clients overcome these obstacles and identify tax optimization opportunities. In partnership with our advisory and litigation departments, we offer integrated solutions, customized to the needs of each individual business.

Particular fields of expertise include capital raising, VAT, imports, customs, tax filings, as well as M&A, real estate and public finance.

Below you will find some of our Taxation practice highlights, together with a set of other representative mandates of our team.

Practice Highlights.

A selection of our deal highlights includes advising and representing:

A leading retail company in Romania, in relation to a tax audit process, including assistance with procedures during the audit, as well as subsequent tax challenge exercise. We also assisted this client on other tax matters, such as: restructuring of the retail business, compliance with various regulatory obligations, implementation of electronic cashiers, and tax aspects in relation to various supplier damages.
An American international e-commerce company, upon extending its presence in Romania, regarding local restructuring processes, tax incentives for local employees, including the drafting of all relevant documentation. Our mandate included extensive tax assistance with respect to changes in the local restructuring of local undertakings, on the individuals’ taxation aspects, as well as other day-to-day tax advisory requests.
One of the largest online platforms offering homestays and tourism services, in relation to aspects regarding the Romanian VAT implications stemming from its various business models on the local market.
A flagship listed business services and industrial company of a global asset management firm, on various tax issues in connection with the USD 13.2 billion acquisition of 100% of a major power solutions business. We assisted the client at all stages prior to the business transfer, and generally with the structuring of the transaction from a tax perspective. The tax aspects of this deal included handling VAT treatment applicable to the transfer of business, drafting of relevant documentation, and tax registration of the newly incorporated local entity.
One of the largest players in the meat production, processing, and sales field in Romania, with respect to various tax issues regarding a tax audit performed by the tax authorities. Our involvement consisted in preparing various challenges against the tax decisions issued by the tax inspectors for the group’s companies, as well as assistance throughout the entire court litigation process.
A global biopharmaceutical leader, in connection with the spinoff of its BioScience and its Medical Products businesses into two separate and independent global healthcare companies. Our mandate included, among others, assisting and representing the client in view of the local separation, undertaking extensive tax analysis on the separation projects, assessing financial and tax implications arising from the transfers of business, as well as preparation of the required transaction documents for the VAT registration of the new company.

A leading healthcare company, in connection with clawback matters. Legal and tax work include drafting the preliminary complaints to be submitted before the National Health Insurance House, preparing the court challenge in connection with the claw-back contribution, as well as representing the client before the court in the claw-back related litigation.
A leading global healthcare company, following extensive tax and legal due diligence, on the tax effects of the consolidation of its Romanian-based vehicles via transfer of assets and related personnel, as well as in relation to various day-to-day operations. Additionally, we assisted the client in connection with the local tax aspects further to a spin-off project at the group level.
A leading global healthcare company, in connection with the activities performed by the company in Romania. We advised the client on issues such as taxation of the revenues paid by the company to foreign speakers attending educational events and revision of the related agreements, as well as on the COVID-19 related tax incentives and government relief. Additionally, we advised the client on potential alternatives to restructure the business along with various advice provided on different contractual arrangements.
A global manufacturing, engineering, and technology company, in connection with the spinoff of its business into separate and independent specialized companies in Romania. Assistance A to Z in relation to the local separation, undertaking extensive tax assistance on the separation projects, assessing financial and tax implications arising from the transfers of business, as well as preparation of the required transaction documents for the VAT registration of the new companies.
A local leading group in the car service industry, with various tax implications incurred in the day-to-day business, including assistance with uncashed receivables and granting of free goods during promotional campaigns.

Other representative mandates of our Taxation practice includes advising:

A subsidiary of a large French pharmaceutical group, in relation to challenging a tax decision issued by the Romanian tax authorities and successful representation of the client before the court for suspension of the enforcement of the respective decision. Additionally, our work includes assistance in obtaining the reimbursement of claw-back amounts paid in excess from the Ministry of Finance for notifications that were canceled in court. Moreover, our mandate consists of various tax advisory services, including taxation of intellectual property and independent contractors.
A world-class manufacturer of specialized jointing solutions, on the acquisition of a 7,500 sq.m. industrial platform in Cluj County, where the company’s current operations are located.
A leading human resources agency in Romania, with respect to disputing a tax decision issued after reconsideration of the tax treatment of secondment allowances, as well as related late payment interest. We also represented the client in court in connection with the suspension of the payment of amounts established in excess during the tax inspection.
A well-known Romanian company in the undergarment production industry, in connection with various matters concerning its real estate in Romania.
A leading automotive industry brand, in connection with the prospective implementation in Romania of an offering of shares to its local employees.
A premier provider of logistic services, regarding the tax analysis and tax implications arising from the restructuring of its relationship with some of its main customers worldwide and at the national level.
An international online travel aggregator, with respect to the tax implications arising from its transactions with local business partners for rental properties, as well as for its separate business of car-rental services.
An important Austrian logistics company, in relation to the tax audit performed by the Romanian tax authorities, by preparing preliminary complaints to be submitted before the competent authorities against the tax decision and tax report issued by the tax inspectors by means of which additional tax obligations were imposed; our mandate also included the representation of the client during the preliminary step of the hearing in front of the tax authority.
A leading biopharmaceutical company, with respect to various tax issues regarding setting up a presence in Romania, including performing the relevant tax registrations. Our work on this matter has involved various tax advice on the implementation of various agreements to be concluded with healthcare professionals, tax risks of implementing such structures, as well as other day-to-day tax advisory.
A major player in the meat processing and retail industry, with respect to various tax issues regarding a tax audit and related court litigation. Our involvement also consisted in preparing multiple tax challenges against the tax decisions issued by the tax inspectors, for both principal amounts and related late payment penalties.
An Italian industry leader in the infrastructure sector, in relation to the administrative procedures for challenging the conclusions of a fiscal inspection report drafted by the fiscal authorities, as well as our support over the entire litigation procedure.
A media company, in relation to the tax audit performed by the Romanian tax authorities, by preparing preliminary complaints to be submitted before the competent authorities against the tax decision and tax report issued by the tax inspectors by means of which additional tax obligations were imposed; our mandate also included the representation of the client during the preliminary step of the hearing in front of the tax authority. We also represented the client in court in connection with the challenge of the decision establishing the payment of amounts established in excess during the tax inspection.
A company specialized in providing IT solutions, during the tax audit performed by the tax authorities, as well as related procedural aspects such as drafting various written notes or the company’s point of view on the findings in the fiscal inspection report.
A leading supplier of business travel management solutions, with respect to the activities performed for Romanian clients. Our assistance included the analysis of the correct invoicing flow and VAT treatment applicable to the flight booking activities.
A leading pharmaceutical company, in connection with claw-back matters. The tax work includes drafting various requests to be submitted before the National Health Insurance House, performing various registrations with the tax authorities. Also, our assistance included advice in relation to various day-to-day business matters.
A Polish company in the elderly care business, on matters pertaining to the extension of the activities performed by the company in Romania and providing various scenarios for contracting the workforce in Romania. Our involvement in the project included tax advice applicable to various scenarios of local incorporation and contracting of the workforce.
A clinical hospital, in connection with the tax implications related to a potential collaboration with an entity specialized in the radiotherapy field for the new radiotherapy center located in the hospital’s building.

A leading worldwide mobile phone producer, with respect to disputing a customs tax decision issued after reconsideration of the customs regime for specific items, as well as on related late payment interest. Our assistance also includes court representation in connection with interest to be received from the state budget as a result of undue payments of the amounts established by the tax authorities during the customs audit.
A major U.S.-based agricultural company, in connection with the distribution of dividends by the Romanian subsidiary, as well as related to the tax registration of non-resident shareholders. We have also previously assisted the client in connection with the Romanian fiscal regime related to the payment operations and on various day-to-day tax issues.
A major cosmetics producer, in relation to customs and cross border tax issues, as well as regarding various aspects regarding restructuring of equity interest.
The world’s largest producer of kitchen appliances and equipment, in relation to various day-to-day legal and tax procedures. Our mandate included analyzing the tax implications deriving from the implementation of a product return policy, electrical waste recycling, etc.
A leading Romanian distributor of agricultural machinery, on the whole array of VAT and corporate income tax issues in relation to its operations in Romania. Also, we have been appointed by the client to prepare the transfer pricing documentation as per the local law requirements.
A manufacturer of automotive parts, on transfer pricing adjustments performed with related parties and possible implications arising from the current adjustments. Also, we have been appointed by the client to prepare the transfer pricing documentation as per the local law requirements.
One of the European leaders in automotive equipment, with respect to the tax treatment applicable to the acquisition of land and premises necessary for performing economic activities in Romania, as well as with respect to the VAT registration of their new Romanian subsidiary.
A group specialized in the management of receivables, with respect to the tax treatment applicable to the operations of debt collection.
A company involved in the indirect acquisition of the local operations of the largest fast-food chain, which included all 67 restaurants in Romania, 19 coffee shops, and the local franchise.
The world leader in construction and maintenance of infrastructure for transport, urban development, and recreational facilities, in respect of the VAT implications in connection with the amounts awarded by the ICC in the arbitration with the Romanian National Company for Motorways and National Roads, totaling over EUR 16 million.
Companies acting in the real estate field, with various administrative procedures in challenging a complex number of tax decisions issued by the tax authorities during various tax audits.
A major real estate investor and developer in Romania, member of a large local group acting in various fields, such as hotel, food, construction, and real estate industry. Our mandate included assessing the tax and legal implications through all stages of implementation of the real estate projects, as well as assisting the client during the procedure for the sale of apartments. Also, our assistance implied the analysis, from a tax and legal perspective, of all alternatives to restructure the business within the group and to propose the best solution to be implemented so as to separate certain activities.
The most important Romanian multimedia platform, in connection with the measures imposed by the Romanian authorities related to the judged criminal trial. Our mandate included tax assistance on the tax treatment of capital goods seized by the Romanian authorities, drafting letters to the tax authorities, and representation in front of them for clarifying the tax position of the individuals and legal entities involved in the case at hand.
A leader in the production and commercialization of automotive equipment and a leader in the production and commercialization of woven wire mesh and wire cloth products, with respect to the VAT and EORI registration of their new Romanian subsidiaries, as well as with respect to various day-to-day tax-related matters.
The world’s leading provider of technology for reservoir characterization, drilling, production, and processing to the oil and gas industry, with respect to the merger by consolidation undergone between two Romanian subsidiaries.
A leading scientific knowledge-based organization that provides process, technology, and consulting services to the life sciences industry, in concluding various agreements with Romanian workforce providers and advising on the tax implications arising from such structure.
Numerous clients, including several leading international and European companies, on matters pertaining to employee stock option plans, which involved advice on the legal and tax implications and assistance throughout the implementation of such plans, including fulfilling the necessary formalities with the competent authorities and institutions, obtaining the necessary clearances for social security payments, etc.

“The [Tax] team is admired for its regional knowledge and personalised approach.”

Chambers & Partners

Clients are impressed by the team at this “incredibly responsive” firm, noting that “it seems like someone is available 24 hours a day”.

Chambers & Partners

Ranked as “Leading” law firm in Taxation by all the prestigious Legal Directories.

Clients said that “we had a very positive impression - the service was responsive and the team provided high-quality and properly considered advice that was explained clearly.”

Chambers & Partners

“Adept in fiscal litigation, the firm has worked on complex bankruptcy litigations.”

Chambers & Partners

Muşat & Asociaţii covers the full range of tax issues on both the contentious and advisory fronts.

Legal 500

Clients report that the firm offered “very good legal support”, underlining that the lawyers are “very helpful and very responsive”.

Chambers & Partners

“The lawyers provide solutions, undertake proactive initiatives, provide ongoing support, are quick to answer and are very efficient and knowledgeable.”

Chambers & Partners

“Very capable, prompt, good knowledge and oriented to fulfill the customer needs.”

Legal 500

One client remarks that the firm “is very punctual, always available, helpful in negotiations and very business oriented”.

Legal 500

“Quality advice from a trustworthy firm.”

Legal 500

Clients appreciate the firm’s “competence and timely manner”, acknowledging that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered”.

Legal 500

Sources say “it was able to provide specialized lawyers in no time - the firm is outstandingly reactive”.

Chambers & Partners

Interviewees say they are drawn to the firm for its “responsiveness and client-focused approach”.

Chambers & Partners

Muşat & Asociaţii has a strong dispute resolution team, appreciated as “very dynamic”, with “strong knowledge and experience” and is noted for its expertise in arbitration and all areas of litigation.

Legal 500

One source values the “very smooth and efficient” co-operation with the team, adding that all team members are “responsive and hard-working”. Chambers & Partners Interviewees report that the members of the team are “are reliable, never let you down and always find the right solution”.

Legal 500

Clients appreciate the firm's comprehensive support, with one highlighting that the lawyers “consistently work extremely well”.

Chambers & Partners