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.

Latest references

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.

Shareholders – Sale of the Suomen Autohuolto Group

We advised the shareholders of Suomen Autohuolto Oy in connection with the sale of the company’s entire share capital, to SAKA Finland Group Oy. Suomen Autohuolto Group is one of Finland’s largest companies specializing in brand-specific automotive maintenance and has locations in Oulu, Tampere, and from July, also in Järvenpää. The transaction is subject to final approval by the Finnish Competition and Consumer Authority (KKV).

Natural Resources Institute Finland – AI training

We delivered two tailor-made AI workshops for the lawyers at the Natural Resources Institute Finland (Luke). We discussed the AI revolution and its impact on lawyers’ ways of thinking and working, and left the participants with practical solutions for enhancing and streamlining their work with Legora. Our AI-specialist lawyers prepared use cases tailored to Luke and the needs of public administration, which Luke received for its own use following the workshops. These use cases covered topics such as: utilising legal sources and the organisation’s own data to maximise AI results building and leveraging AI workflows AI-enhanced contract drafting based on a large volume of documents. The workshops sparked wide-ranging discussion on the role and benefits of AI in legal work. Participants appreciated how clearly and comprehensively our experts were able to present the nature and benefits of AI specifically within a legal context. ‘The workshops provided excellent support for Luke’s goal of leveraging AI responsibly and gave us concrete and ready-to-use practical takeaways,’ says Hannu Laitinen, Luke’s Senior Vice President, Administrative Affairs.

Finnish Construction Management Consultancy — District Court Dismisses charge in occupational safety offence case concerning a safety coordinator

We successfully represented a Finnish construction management consultancy and a safety coordinator employed by the company in criminal proceedings concerning an alleged occupational safety and health offence. The prosecutor sought a penalty for an alleged breach of occupational safety regulations. The charge arose from a fall accident at a construction site where our client acted as the safety coordinator appointed by the developer. We assessed the scope of the safety coordinator’s duties in relation to the responsibilities of the main contractor, as well as how our client had fulfilled their obligations in practice. We demonstrated that our client had acted with due care and in full compliance with their duties throughout the planning, preparation and execution of the construction project. The District Court of Eastern Uusimaa dismissed the charge against our client. The Court held that our client, in their capacity as safety coordinator, had duly fulfilled the occupational safety obligations incumbent on the developer during the planning and preparation phases of the construction project and had not been aware of the fall protection deficiency identified at the site. The judgment is final insofar as our client is concerned.

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