Taxation Legal Practice
Our “Taxation Legal Practice” advises BHC clients in all areas of both corporate and individual income taxation; including on complex Iraqi law compliant tax structures and related taxation, social security and pension matters specific to various transaction in different sectors--under Iraq’s legal and regulatory regimes, and accounting for applicable double taxation agreements and bilateral or multilateral investment treaties.
With a balanced perspective and approach to minimizing local (and global) tax liabilities and achieving maximum financial benefit and optimal tax treatment, we advise clients on Government of Iraq tax laws and policies; and on all basic tax-related aspects of both their in-country corporate structures and projects (as well as in connection with their respective local employees). We assist them to develop complex tax structures that are commercially viable and fully compliant with local law and policy; particularly for the oil and gas, energy, defense and security, public-private partnership, and infrastructure project finance sectors--amongst other areas.
Based on a thorough understanding of each business entity concerned, our taxation legal practice addresses myriad special local taxation issues, ranging from the tax treatment of direct and indirect foreign investments, tax-free transfers, restructurings, transfer pricings, mergers and acquisitions, project financings, structured financial products, public and private offerings (locally), private equity, investment funds, and tax-advantaged real estate transactions, to complete forward-looking tax strategizing and planning; inclusive of when such issues are integral to the cross-border and global transactions of our multinational clients operating in Iraq, or when their projects, facilities, equipment, or special purpose vehicles (“SPVs”) give rise to local issues--including in respect of their multi-jurisdictional partnerships, joint ventures, and more complicated business arrangements with other medium- and large-sized corporate entities.
We also advise on the local tax treatment of large non-resident investors; including in instances wherein double taxation and/or mutual investment treaties either exist or not between Iraq and their home countries.
In addition to advising clients as their primary and general outside local tax law advisors on all tax aspects of their in-country operations, as well as on those of their stand-alone transactions and projects, we equally serve as their primary local tax litigation counsel before Iraqi governmental authorities, administrative proceedings, and judicial tribunals—whilst our efforts remain aimed at avoiding any such controversy through upstream competent advice, skillful negotiations with local authorities, and alternative dispute resolution mechanisms.
We also advise and assist clients when their foreign debt restructurings involve local tax law issues, and otherwise with their individual corporate, payroll, and social security tax matters; and with their accounting, bookkeeping, and payroll compliance, and their internal audit and payroll due diligence and investigations (working closely with duly-licensed independent local accountants and auditors).