20.9.2016

Preliminary Tax Rulings – Tax Disputes Avoidable through Proactive Planning

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Careful planning is often the key to a successful arrangement, and it is possible to get definitive answers to questions that are open to interpretation through a ruling of the Finnish Tax Administration. The Tax Administration has recently focused on improving cooperation with its customers and has encouraged companies to actively apply for written preliminary rulings and even engage in preliminary discussions concerning more challenging arrangements.

We have assisted Finnair and Municipality Finance, among others, in arrangements that involved significant income tax questions, which we resolved by applying for preliminary rulings. In the following, we describe a few of our recent case references involving preliminary rulings.

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Tax Disputes – A Key Part of Corporate Financial Administration

Disagreements that arise in the tax assessment and in tax audits often lead to lengthy appeal processes that sap time and resources from a company’s management and financial department. We advocate a pre-emptive approach to avoid problems through careful analysis of tax issues, diligent reporting and smooth communication with the tax authorities. Should you nevertheless find yourself facing a tax dispute, whether domestic or international in nature, you will be able to rely on our renowned dispute resolution team to defend your interests. We will also provide you with the best possible assistance in handling tax complaint processes if your company is subject to a tax audit or if the Finnish Tax Administration intervenes in any arrangements at a later date.

Lenders and Export Credit Agencies – EUR 514.4 million green project financing for Easpring Finland New Materials’ CAM plant

We acted as Finnish law legal adviser to the lenders and the export credit agencies in connection with the EUR 514.4 million green project financing for the development and construction of Easpring Finland New Materials Oy’s cathode active material (CAM) manufacturing plant in Kotka, Finland. The borrower, Easpring Finland New Materials Oy, is a joint venture owned by Beijing Easpring Material Technology, Finnish Minerals Group and LG Energy Solution. The financing was provided by six international commercial banks, with Société Générale acting as financial adviser and mandated lead arranger together with Natixis as co-mandated lead arranger, and DNB, ICBC, ING and Standard Chartered participating as lenders, with support from the export credit agencies Finnvera and Sinosure. The project represents a significant milestone for Finland and the European battery value chain by strengthening Europe’s domestic supply of cathode active materials, a key component in lithium-ion batteries for electric vehicles and energy storage applications. Once the first phase of the project is operational, the Kotka facility is expected to produce approximately 60,000 tonnes of cathode active material annually, making it one of the largest CAM production plants in Europe and supplying leading battery manufacturers across Europe.

Delta Capacity – Acquisition of BESS Project

We acted as Finnish legal advisor to Delta Capacity in connection with its acquisition of the ready-to-build Karppio battery energy storage system (BESS) project from Helios Nordic Energy. The acquisition was made and the project will be implemented together with Strioga Family Foundation. The Karppio BESS project is located in Teuva, Finland, and has a capacity of 125 MW / 300 MWh. Delta Capacity will lead the remaining development of the project through to commissioning, planned for 2027, and will serve as long-term asset manager. Delta Capacity is a Swiss-based developer of utility scale battery storage systems. The acquisition adds to Delta Capacity’s growing Nordic portfolio.

Swedbank – Refinancing of Trophi’s Finnish retail real estate portfolio

We advised Swedbank AB (publ) on the refinancing of a large Finnish retail real estate portfolio owned by Trophi’s Finnish subsidiaries. Trophi is the leading Nordic real estate company focusing on grocery anchored retail properties, with 278 properties across Sweden and Finland. Finland is a market that continues to develop and is also strategically important for Trophi, accounting for approximately 30% of Trophi’s letting and property value.

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