TAXATION OF FOREIGN TRADE AND CUSTOMS
The times when stability reigned in global commerce have changed.
The impact of geopolitical changes has revolutionized trade, making it increasingly difficult for companies to remain competitive and profitable. International supply chains have become more intricate and dynamic, involving multiple states or jurisdictions simultaneously in delicate transactions.
An appropriate and personalized tax design has become essential as the core of business strategy in today’s commercial landscape. The tax implications of mismanagement may involve a significant economic risk, not only in terms of penalties but also due to a substantial increase in costs.
At TRIBECA ABOGADOS, we are committed to assisting companies in thriving during these unprecedented times.
We do so on an ad-hoc basis when our services are required, but we have also developed recurring advisory services in the field of international tax, adopting a holistic approach to the business. We analyse all relevant areas, take appropriate corrective actions, and guide the company towards success:
- We review, analyse, and plan the direct and indirect taxation of the supply chain.
- We identify potential areas for improvement and propose solutions that ensure the highest degree of tax security.
- We suggest the INCOTERM that provides the greatest fiscal benefit and the utilization of special customs regimes that optimize the cost of the supply chain.
- We assist in determining the correct tariff classification and provide advice on binding tariff information and rules of origin.
- We support the company in obtaining the Authorized Economic Operator (AEO) status, which grants access to certain customs simplifications, potential reductions in guarantees, or indirect advantages.
- We represent the company before the Tax Agency (AEAT) in inspection or verification processes, as well as in subsequent administrative or jurisdictional appeals.
- In this field, we have extensive experience in anti-dumping procedures, rules of origin, circumvention, customs valuation, AEO revocations, among others.
- We analyse the supply chain to determine functions and risks assumed by each operator, and establish the proper transfer pricing policy, all while considering the potential relationship with customs valuation.
- We provide advice on international employee displacement, the application of foreign-sourced income exemption, and its impact on intercompany service provision.
Get started with expert and professional information as your first essential step.
Francisco Cavero is an expert in international trade taxation, recommended in the Legal 500 directory for the Transport category, and recognized by Best Lawyers for Trust and Estate and Transport practices.
In addition, the entire team of our Tax department has been recognised by the Legal 500 directory since its 2022 edition, as a leading firm and some of its members in particular as “Rising Stars”.
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WHAT WE DO?
We have extensive experience advising both national and international business groups on a specific and recurring basis, on matters such as tax consolidation or VAT groups, Customs and VAT on international sales and services, DTA, expatriate/inpatriate worker regime, among others.
INTERNATIONAL SUPPLY CHAIN TAX PLANNING
- Value Added Tax (VAT)
- Due Diligence of compliance with formal obligations
- International trade operations and VAT: Exports, Intracommunity supply of goods (chain sales, triangular transactions), and intracommunity acquisitions of goods.
- Place of performance for international trade operations. Permanent establishments.
- Transnational services
- Customs Tax Law:
- Tariff classification
- Custom Value
- Origin of goods
- Free Trade Agreements
- Anti-dumping duties
- Special customs and tax regimes
- Support in obtaining Authorized Economic Operator status
DIRECT TAXATION OF FOREIGN TRADE:
- Corporate Income Tax
- Dividend Repatriation
- Double Taxation Agreements
- Permanent establishments
- Other foreign-sourced income
- Personal Income Tax
- International worker displacement
- Changes in tax residence
- Exemption of foreign-sourced income
TAX DISPUTES IN INTERNATIONAL TRADE
- Proceedings before the Spanish courts and the European Commission
- Issues referred to the Court of Justice of the European Union for a preliminary ruling