Tax in Germany

Clifford Chance's German tax team is embedded within the firm's international tax practice, making cross-border advice part of its day-to-day business. The group focuses on the interface between tax law, fund regulation and real estate, which is reflected in instructions on tax structuring issues in the fund and asset management area – Marco Simonis is known for this – as well as in connection with real estate, M&A and PE transactions. This expertise has resulted in a client portfolio made up of domestic and foreign banks, companies, institutional investors, funds and asset managers. The setting up tax compliance systems and the representation before authorities and in courts represent other core segments of the practice which are also handled by practice head Felix Mühlhäuser, although he also provides tax advice on financing transactions, real estate and company acquisitions.

Milbank stands out for its transactional tax expertise that contributes to the firm's assistance with national and cross-border M&A and PE transactions, capital market transactions and financing rounds. in this context, Thomas Kleinheisterkamp and Rolf Füger are the names to note; Kleinheisterkamp also oversees tax audits and tax litigation, while Füger has an additional focus on corporate tax law. These fields of expertise are among the team's key competencies and in regularly demand by private equity houses and companies.

Gleiss Lutz's tax expertise is based on three pillars: on transactional level, practice head Stefan Mayer and Johann Wagner  are experienced advisors on M&A and PE transactions, while Wagner also assists with real estate transactions. Furthermore, the team is renowned for assisting companies in crisis and insolvency situations with restructuring tax issues, including regular cooperation with the firm's Stuttgart-based restructuring experts. And with Alexander Werder, the team is well equipped to advise on large compliance projects and investigations; the dispute resolution team is usually called upon for contentious matters. This triad is supplemented by expertise in corporate succession planning; here, Achim Dannecker is a key contact, who also focuses on corporate tax law. The client base consists of large companies, family businesses, private equity funds, financial institutions and public corporations.

The strength of Latham & Watkins LLP and practice head Stefan Süss in particular lies in advising companies, private equity funds and financial institutions on transaction taxes. Thus, instructions regularly relate to M&A, PE and capital market transactions as well as to restructuring and fund structuring. Advice also often entails international tax structures, for which the German practice is well positioned thanks to its integration within the firm's international network. This range of advisory services is complemented by Thomas Fox's expertise in tax audits and tax disputes, which represent his focus alongside corporate transactions and restructuring.

In 2020, Björn Demuth (Stuttgart) and tax advisor Angelika Thies (Munich) took over the management of CMS' tax law practice from Heino Büsching, who remains a key member of the team and, in line with the team-wide orientation, focuses on transaction and corporate taxes. In terms of transactional support, the group regularly assists with matters in the energy, real estate, healthcare, private equity, telecommunications and IT sectors and routinely cooperates with its corporate and M&A teams. The team also handles tax compliance, company succession issues, company audits and criminal tax matters; Demuth and Thies are also devoted to this range of issues.

Advice to insurance companies on W&I and special risk insurance remains an essential part of Dentons' tax practice, although the group also routinely assists large national and international companies, which make up its client base alongside funds and investors, with tax aspects of transactions and conversions; practice head Michael Graf is a key contact for both areas. Furthermore, the group assists with tax and company audits as well as contentious issues, which often stem from double taxation scenarios. Stephan Busch, among others, is experienced in representing clients in proceedings before fiscal courts including the federal fiscal court. Thanks to its integration within the firm's international network and cross-locational cooperation, the team is also experienced in handling international issues.

Tax law advice to companies, their shareholders, insurance companies, investors and financial institutions during restructuring as well as M&A, PE and real estate transactions forms an essential part of Hogan Lovells International LLP's case load, with Heiko Gemmel regularly taking the lead; this transactional focus was underlined by Mathias Schönhaus' promotion to the partnership in January 2021. Both are part of the team led by Ingmar Dörr, who complements the practice's transaction expertise with experience in tax disputes, internal investigations and tax audits as well as preventive compliance work.

Noerr strengthened its junior ranks with the addition of a number of associates and senior associates over the course of 2020/2021 while simultaneously expanding its partner ranks with the appointment of tax advisor Elmar Bindl in January 2021; just like the practice in general, he focuses on tax advice related to M&A, PE and real estate transactions as well as fund structuring and fund investments. Practice co-heads Carsten Heinz (tax consultant) and Georg Edelmann (tax consultant and auditor) assist medium-sized and multinational companies as well as funds and financial institutions with the development of tax-centric structures for company acquisitions, tax-optimised financing and corporate reorganisations. Edelmann is also experienced in handling tax audits and fiscal court proceedings.

With cross-practice and cross-location cooperation being a consistent feature of its advice, DLA Piper focuses on the support of M&A, real estate and restructuring transactions on one hand and on transfer pricing, indirect taxes and tax compliance, including related investigations, on the other. Practice head Marie-Theres Rämer is one of the key contacts for the aforementioned transactional sphere and thereby regularly assists with tax-related financing aspects and the structuring of real estate investments. Tax consultant Ulf Andresen is usually in charge of transfer pricing matters.

Corporations, PE companies and insurance companies rely on Oppenhoff's tax expertise in M&A transactions and restructurings, which are handled by practice head and founding partner Axel Bödefeld, among others. Him and his team also have a general focus on tax disputes, in particular in connection with transfer pricing and customs assessments, and are experienced in assisting with tax audits. The group also advises individuals on succession planning.

Due to its strong cooperation with the M&A, capital markets and debt finance teams, White & Case LLP's tax advisory strength lies in tax advice on structured and asset-based financing as well as cross-border M&A transactions. Thanks to the full integration within the firm's global practice, the team is well equipped to handle multi-jurisdictional matters. Last but not least, this internationality is embodied by practice head Bodo Bender, who also co-heads the EMEA tax law practice. Tim Bracksiek (domestic and international tax law) made partner in January 2022.

With a firm-wide focus on the real estate industry, GSK Stockmann's tax transaction advice is tailored to this sector, but also addresses corporate transactions. A significant proportion of the group's fund tax assistance, another core competence, also stems from the real estate sector. Here, clients further benefit from the close cooperation with the firm's Luxembourg office and from the investment tax law expertise of Heiko Stoll, who joined from Simmons & Simmons at the end of 2020. The expertise of practice heads Petra Eckl and Dirk Koch reflects the team's focus.

Heuking Kühn Lüer Wojtek's focus lies on advising companies, their shareholders and investment managers on tax aspects of restructuring as well as M&A and private equity transactions, which also mirrors the strength of Düsseldorf-based practice heads Marion Sangen-Emden and Marc Scheunemann, and which was given further weight with the arrival of the Hamburg-based Henrik Lay (previously at AHB Arends Hofert Bergemann Rechtsanwälte Steuerberater PartGmbB) in April 2021.

Jones Day regularly handles tax aspects of national and cross-border transactions and restructuring and with practice head Klaus Herkenroth, is well versed in derivatives and securitisation taxation. This advice offering is complemented by experience in tax audits and tax disputes, including several new instructions for cum-ex-related investigations, which are predominantly handled by Florian Lechner.

Kantenwein Zimmermann Spatscheck & Partner advises companies on the development of acquisition tax structures in the context of M&A and real estate transactions as well as on other issues at the corporate law interface, which are often handled with practice head and tax advisor Gerhard Widmayer being in the lead. Other key competences include tax audits and company succession issues as well as assistance with criminal tax matters. The client base also includes wealthy private individuals.

The flagship of Norton Rose Fulbright's tax law practice is the advice rendered to insurers on W&I and tax risk insurance, while its tax advice to real estate companies on real estate transactions and transactional support for companies represent other mainstays of the practice. Corporate tax expert Tino Duttine has been heading the practice alone since Uwe Eppler joined Möhrle Happ Luther in February 2021.

At Weil, Gotshal & Manges LLP, tax structuring of private equity and M&A transactions as well as of strategic cross-border restructuring form the heart of the group's advice, which is usually rendered in cross-practice and cross-location cooperation with practice head Tobias Geerling leading on the tax aspects. In this regard, the group is instructed by investors, sponsors and companies, while the team's experience in asset structuring also results in regular instructions by private individuals.