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Financе and Tax
Experience
Below you may read about some examples of our experience.
Tax Disputes, Litigation & Controversy Support
- successfully represented two international E&P companies in their court claims against tax authorities on PSAs’ stability matters;
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PSA operator and the Tax Committee dispute – a case following complex tax inspection and charging more than USD 70 mln of taxes;
- Dutch provider of geophysical services and the Tax Committee dispute – a case following VAT inspection and charging over USD300 thousand of VAT for geological and geophysical services;
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international outsourcing company and the Tax Committee dispute – a case following complex tax inspection and charging over USD 400 thousand of PIT, Social Tax and payments to pensions funds;
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kazakh uranium producer and the Tax Committee dispute – a pre-court settlement of a dispute following complex tax audit, as a result Client was not charged with tax claim for more than USD 10 mln;
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our lawyers achieved successful resolution in Supreme court on the claim of consortium of two European companies operating under the PSA against Tax Committee;
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tax team managed transfer pricing audit and appeal for a European Oil and Gas company;
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represented interests of large Canadian joint-venture in administrative courts with regard to tax implications;
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represented interests of big German telecommunications company in a court on VAT refund issue;
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assisted and represented interests of the large service company in a complex tax audit;
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represented interests of a manufacturing joint-venture in a VAT tax audit.
Independent Tax Opinions
- legal advice to foreign insurance company on reinsurance issues (limited recourse clause);
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legal advice to one of the major local banks on insurance and re-insurance issues;
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legal advice to the local insurance company on the taxation of the insurance premiums;
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legal advice to Public oil and gas company on the compensation issues (including taxation of the incentives and insurance plans);
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advising the Association of Subsurface users on cancellation of the stability of the subsurface use contracts under the New Tax Code;
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provided to PSA operator legal expertise of provisions of the PSA with regard to recoverable costs exclusion by state authorities;
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provided tax counsel for international service companies on the regulations of the VAT tax exemption under the North Caspian Sea Production Sharing Agreement and legislation of the Republic of Kazakhstan;
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corporate advice to major uranium producer in understanding the state tax implications of deductions for the CIT purposes;
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legal counseling of telecommunications company on taxation of the business related to import of software products to Kazakhstan;
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legal advice to telecommunication company on regulations on granting the investment benefits and preferences;
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assisting cellular operator on the application on tax exemption and preferences under investment project conditions;
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legal advice on tax matters related to the sale of participation interest in the PSA;
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advice on tax consequences related to the sale of participation interest in the PSA.
Customs Law Practice
- initiated proceedings in a court to litigate the recognition of customs exemptions provided to the Operator under the PSA against the Ministry of Finance of Kazakhstan;
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international oil company and the Customs authorities – a case following the Customs’ charge of USD10 mln export customs duty;
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provided legal advice to large European service company on application of customs duty exemptions provided by the PSA to subcontractors of the Operator;
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negotiated on behalf of client for tax and customs duties refund issues;
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advising telecommunications company on customs clearance of software;
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legal counseling of large service company on customs clearance of vessels to Kazakhstan;
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advising to large European service company on tax and customs regulations of special economic zone “Sea Port Aktau”.
Tax Due Diligence
- due diligence and legal counseling on addressing tax compliance issues prior tax audit;
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сonducting tax due diligence and handling tax regulatory issues that arise in corporate transactions on acquisition for European oil and gas company operating in Kazakhstan;
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сonducting tax due diligence and handling tax regulatory issues that arise in corporate transactions on acquisition of gold producing company;
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сonducting tax due diligence of medium size electricity and heating company in Eastern Kazakhstan on financing the reconstruction project by large European bank.
Transaction Structuring
- legal advice on taxation of acquisition of oil and gas asset (CGT etc) to the Norwegian E&P company;
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advising EBRD on the USD 18.5 mln Project Loan provided to kazakhstani based Member of International Group of malt manufacturing companies;
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providing day-to-day M&A taxation consultancy to large European Oil and Gas company on structuring and financing at every stage of the deal cycle;
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advising and managing to the UK based oil and gas company on M&A transaction structuring;
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legal counseling and day-to-day assistance to Australian mining company on M&A transaction;
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advising and managing to the German oil and gas company on M&A transaction structuring;
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advising large European company about proactively structuring its operations to limit tax exposure;
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legal advice on tax matters related to the sale of participation interest in the PSA;
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advice on tax consequences related to the sale of participation interest in the PSA.
Transfer pricing
- transfer pricing due diligence for large European Oil and Gas company;
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transfer pricing due diligence for Portuguese oil and gas company;
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advising large uranium producer on transfer pricing regulations;
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transfer pricing due diligence for the UK based oil and gas company operating in Kazakhstan;
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successful representation of interests of large German oil and gas company in the court case on transfer pricing issues.
Employment Taxation
- advised to large uranium producer on regulation of secondments and their structuring for minimizing tax burden in Kazakhstan and overseas;
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advised to European oil and gas company on possible liabilities of both parties of the secondment agreement for non-compliance with tax legislation requirements;
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advising large mining producer on tax-efficient remuneration structures including different flexible benefit schemes and all other aspects of employee taxation;
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provided tax counsel for big European oil and gas company on consultancy arrangements for tax purposes and the risks involved to both consultants and employers who participate in such arrangements;
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due diligence of employment contracts concluded for the past five years with foreign employees of large Canadian joint venture with regard to tax audit;
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advising clients on income taxation of self-employed individuals under the tax legislation of Kazakhstan;
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advising large uranium producer on taxation and payment of benefits to employees born or living at special ecological zones of Kazakhstan;
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legal counseling of mining company on taxation of disability, personal injuries and accidents payments.
VAT
- legal counseling of large German airline on VAT exemption issues;
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tax group assisted large European telecommunications company on management and minimization of VAT liabilities;
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advising large European service company on VAT under the new Tax Code and requirements of current legislation with regard to suppliers of consortiums;
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representing interests of large telecommunications company in a court on VAT refund from the budget of Kazakhstan.
Corporate Tax Structuring
- legal advice on tax matters related to restructuring of international E&P company prior IPO;
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advice on taxation of the of 100% of shares of E&P company;
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tax advice on matters related to listing and trading on KASE;
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advising the large European oil and gas company on restructuring of the current offices in Kazakhstan under the new Tax Code;
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counseling and developing corporate structures for the UK client with regard to taxation of legal entity’s business activity in Kazakhstan;
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advising large telecommunications company in corporate restructuring in Kazakhstan due to merge of two international telecommunication companies.
Tax Liability
- SIGNUM lawyers in cooperation with criminal law advocates provide assistance and represent taxpayers in criminal tax defense;
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represented top managers of large European Oil and Gas company in all phases of criminal proceedings, including audits, representation in criminal investigations;
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legal counseling and represented interests of mining company in work with criminal investigation authorities with regard to tax audit results;
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successfully represented interests of large German oil and gas company in administrative proceedings on results of the tax audit.
International Tax Planning and DTT issues
- advising German largest airline on various corporate and tax questions, issues of application of the Double Taxation Treaty between Germany and Kazakhstan;
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legal counseling of a Kazakhstani founder of the legal entity established in the United Kingdom with regard to individual taxation issues and applicability of double taxation treaty between the United Kingdom and Kazakhstan;
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advising the large European oil and gas company on restructuring of the current offices in Kazakhstan under the new Tax Code;
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advising the large international service company on dividends and royalties overseas payments.
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Contact persons:  Talgat Sariev Contacts:
Mobile: + 7 701 218 07 03
tbs@signumlaw.com
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