Maisto e Associati

The firm: Established in 1991 by lawyers with many years of experience in the field, Maisto e Associati is an independent Italian law firm operating in the field of tax law. Over the years, the firm has grown consistently in size and reputation and now has 59 professionals, including 12 partners and two of counsels, with consolidated experience in managing complex, sensitive – domestic and multi-jurisdictional – cases. Most of the firm’s professionals participate in advisory bodies and study groups, are frequent speakers at congresses and contribute to publications and to the most prestigious Italian and foreign tax journals, thus maintaining a cutting-edge knowledge of the most advanced tax issues. Several firm’s professionals have substantial experience in international taxation issues, having worked in the Netherlands, the USA and the UK.

Areas of practice
Tax for M&A and corporate restructuring: The firm has developed a unique expertise in M&A and corporate reorganisations, advising both Italian and foreign multinationals on the tax aspects of the major acquisitions and group reorganisations of the last 30 years. The firm is retained to structure complex domestic and cross-border mergers and acquisitions for both strategic and private equity investors, joint ventures, leveraged buyouts and other company reorganisations.

Corporate and group taxation: The firm advises on corporate income tax issues, including issues connected with the adoption of IAS and IFRS, and on group taxation matters, including the design of holding structures and the optimisation of the tax regime of dividends, interest and royalties among group entities.

Tax litigation: The firm handles pre-litigation tax procedures, as well as tax litigation before all national tax courts up to the Italian Supreme Court, the EU Court of Justice and the European Court of Human Rights. The firm has 30 years of experience representing taxpayers in courts and before Tax Authorities. The firm handles complex tax litigations, involving transfer pricing and international and domestic tax matters. Advice is also rendered in the pre-litigation tax settlement procedures and bilateral or multilateral mutual agreement procedures between the Italian and foreign tax authorities

Transfer pricing: The firm advises major multinational groups on transfer pricing policies and assists clients with the negotiation and conclusion of Advance Pricing Agreements with the Italian Tax Authorities. The firm also assists major multinational groups in drafting appropriate transfer pricing documentation (both masterfile and country specific documentation).

Taxation of financial instruments: The firm advises on securitisations, domestic and international financing, debt restructuring, leasing transactions and project finance. Areas of expertise include also the taxation of equity and debt instruments, stock options, derivatives and innovative financial products. The firm further advises on the structuring of hedge funds, mutual investment funds and private equity funds and of their investments.

Real estate taxation: The firm advises major national and international real estate operators and investors on all kinds of tax issues that may arise in real estate transactions. The expertise in this field ranges from assisting clients in structuring the real estate deals and advising on real estate financing to tax due diligences and tax litigation. The firm also advises real estate clients on day-to-day corporate tax and VAT issues. Finally, a significant experience had been developed in assisting clients on filing tax ruling procedures on any real estate-related tax matters, from VAT to carried interest schemes for managers of real estate funds.

Private clients: The firm has developed unique expertise in giving tax and legal consultancy to private clients and structuring their wealth. The firm advises on the tax optimisation of estate planning, transfers of businesses, lifetime asset transfers and ownership structures, having developed wide-spanning expertise on trusts, foundations, financial and insurance products. Advice is also given upon the transfer of tax residence to or from Italy, with a specific focus on Italian favorable tax rules and procedures designed for attracting high net worth individuals and top executives.

The firm has also been very active in providing tax advice to artists and sportsmen and has an established experience in advising on the tax structuring of charities and other non-profit bodies and on the tax issues associated with the acquisition, holding and sale of cultural assets and works of art. The firm handles complex tax litigation and pre-litigation settlements concerning high net worth individuals, including litigation and settlements involving financial products, life insurance policies, foundations, trusts and unreported foreign assets.

The firm advises also on non-tax matters that may arise in the private clients and wealth management area, both in domestic and cross-border situations. In particular, the team advises clients in relation to family law and succession law, trusts and foundations and estate planning matters in general. The assistance in this area also covers litigation.

International and EU tax: The firm advises on the tax structuring of inbound and outbound investments. The firm tackles EU taxation issues and keeps clients up to date on new developments and their implications.

Employee remuneration: The firm advises on the most tax-effective benefit schemes for employees, including executives and expatriates, and on cross-border loan and secondment of personnel.

VAT customs duties and indirect taxes: The firm has a team dedicated to tackle VAT and indirect tax issues, both in domestic and cross-border transactions. In particular, our team assists clients in relation to the analysis of VAT impact on supply chains, relationship with the Italian Revenue Agency as well as in pre-litigation and litigation activities.

Clients:  The clientele is represented mainly by national and international financial institutions, venture capital, private equity and real estate players, large corporations and multinationals operating in a variety of industries — such as banking, manufacturing, sports media and entertainment, pharmaceutical, real estate, shipping and air transportation, IT, telecommunications and consulting — as well as high-net-worth individuals and international wealthy families, including family offices.

International work: A significant proportion of the firm’s work has an international dimension. Maisto e Associati represents financial institutions and industrial companies in the largest transactions in the field of M&A, banking and finance and capital markets, including public securitisations and financing transactions.