A.Weigelt and Y.Delikatny reported on the international structure for private investment and taxatio

On May 20/21, 2013 the third traditional INTAX Forum took place in Kiev Intercontinental hotel gathering together 351 delegates from 22 jurisdictions from around the world representing the spheres of Banking, Financial Services, Investment, Financial & Tax Consulting etc. Over 200 attendees were present during the presentation. Alexander Weigelt, Local Partner of Kiev office of the international law firm Noerr, made an introduction disclosing the major problems Ukrainian companies are facing while attracting foreign investments. He also covered private equity investments, reporting Noerr`s extensive practical experience, particularly from the dynamic e-commerce sector. These are characterized by rapid expansion, many national companies and consistent focus on attracting investors or exit within a defined time, which makes tax structuring more problematic. Yuri Delikatny, Head of Tax, explained how to prepare for entering the capital markets. i.e. choosing the right legal structure of the group as well as consolidation level, corporate governance (management structure), financial reporting and planning, controlling, risk management, financial monitoring etc. The audience was particularly interested in the typical problems of the Ukrainian companies when undertaking an IPO, e.g. disadvantages of the group structure, litigation and tax issues. Explaining that, Yuri Delikatny disclosed tax issues that impede companies from undertaking an IPO: reorganization or liquidation of a company which may lead to extraordinary tax audit, a possible increase of tax expenses, unrecognised tax liabilities disclosed after preparation of financial statements etc. The other important issues of the presentation included: consequences of the nonoptimal group structure, requirements to the group structure: unconsolidated vs. consolidated group, due diligence. If you would like to receive a copy of the presentation (Russian), please send a short e-mail to: jdi@noerr.com Reference: INTAX FORUM is an international conference and exhibition devoted to practical solutions in the field of international tax planning and corporate structuring focused on corporate and individual asset management for the Ukrainian market.

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