14.9.2015

IFA Annual Congress: Practical Protection of Tax Payers’ Rights and BEPS in Focus

There are often a few major issues on everyone’s lips in the international community of tax lawyers. This was the case also at The International Fiscal Association’s (IFA) 69th Congress in Basel, Switzerland. One of the main subjects in the congress was how tax payers’ rights can be most efficiently protected in practice.

A general report prepared for the IFA drew conclusions from data provided by the branch reports from each jurisdiction. The idea was to identify minimal standards and best practices for the timely and effective protection of fundamental tax payers’ rights.

Twelve separate aspects were identified, which were then discussed in the panel. An interesting observation was that Finland was mentioned only three times among the best practices rated in the charts presented. It seems the protection of tax payers’ rights deserves to be in focus in the Finnish tax field, as well.

Seeking Greater Transparency in Taxation

As expected, hardly any seminars at the IFA congress were held without mentioning BEPS (base erosion and profit shifting). BEPS is a project of the OECD and the G-20 aimed at getting rid of tax planning strategies that exploit gaps and mismatches in tax rules to shift profits to locations where they are lightly taxed so that little or no overall corporate tax is paid.

Within that project, the OECD has created an action plan that sets out fifteen key areas of international tax rules. These should be addressed by 2015.

The panelists representing tax advisors and business life at the IFA/OECD seminar took a somewhat cautious viewpoint when they evaluated what aspect of BEPS would have the biggest impact. For example, Krister Andersson, Chairman of the Tax Policy Group BUSINESSEUROPE, noted that there is a risk that countries may have different views or interpretations of the steps presented by the OECD in the action plan.

The panelists felt that it is crucial that all countries implement the BEPS actions consistently. Double taxation disputes could arise if countries unilaterally attempt to address these issues without consensus-based principles. It was underlined in the seminar that the OECD must take a strong role in the finalisation and implementation procedure, as BEPS may cause some uncertainty between the countries.

Ron Durand, Partner at Stikeman Elliott, took the view that governments have to make the system work, and national tax administrations need to be well educated. In addition, most of the panelists noted that effective dispute resolution mechanisms are an essential part of the BEPS project.

In sum, it seems to be up to countries how BEPS is implemented in their jurisdictions.

A Step in the Right Direction

Marlies De Ruiter from the OECD agreed that BEPS may not be ideal, but it is a good first step. A package related to the action plan will be delivered to the G20 Finance Ministers in October 2015, together with a plan for follow-up work and a timetable for its implementation.

During the next stage, implementation measures will be stated at the level of domestic legislation and international coordination.

Adapting to a New Environment without Forgetting Tax Payers’ Rights

The practical protection of tax payers’ rights will continue to be a topic for some time to come. This is due to the focus of current international discussions and projects, such as BEPS, being on increasing tax payers’ liability to deliver information to the tax administrations. This will cause extra compliance and administrative costs and increase of reporting requirements.

More disputes between businesses and tax authorities are expected to arise as the rules are amended, especially where they lead to arrangements or structures previously accepted by tax authorities becoming forbidden. Tax payers may not have a well-protected position in this situation, and tax assessments result in lengthy appeal procedures.

Taking into account the increasing exchange of information between the countries, it will be worth paying attention to confidentiality and the proper use of tax payers’ commercially sensitive or tax-related information.

Latest references

We advised Suominen Corporation in connection with its rights issue. The offering was oversubscribed, and the company raised gross proceeds of approximately EUR 28 million. We also advised Suominen in connection with the renegotiation of the terms of the company’s three-year EUR 100 million syndicated credit facility, under which the maturity was extended and headroom was added to the financial covenants. “I would like to thank our shareholders for their support and confidence in Suominen’s future. The completion of the Offering will enable us to accelerate the implementation of our Full Potential Program while strengthening our capital structure. Our transformation particularly focuses on enhancing the reliability and efficiency of our production and supply, and on reinforcing our commercial capabilities, allowing us to better meet the expectations of our customers and shareholders”, comments Charles Héaulmé, President and CEO of Suominen. Suominen is a nonwovens manufacturer operating in global markets. Suominen creates value by taking fiber raw materials and turning them into nonwovens that the company’s customers convert into both consumer and professional end products. Suominen’s vision is to be the frontrunner for nonwovens innovation and sustainability. Suominen’s net sales in 2025 were EUR 412.4 million and the company has almost 700 professionals working in Europe and in the Americas. Suominen’s shares are listed on Nasdaq Helsinki.
Case published 6.7.2026
We acted as joint legal advisor for Nordea Bank Abp and Avain Yhtiöt in an approximately EUR 48 million financing arrangement which included facilities for refinancing of an existing real estate portfolio and also for acquisition and property development purposes. The financing arrangement strengthens Avain Yhtiöt’s objective to build and maintain a functional, safe and environmentally friendly living environment, as well as to develop the overall quality of housing and construction. Avain Yhtiöt is a Finnish group specialising in housing and housing-related services, construction contracting and new construction. Its goal is to build 1,000 new apartments per year in key growth areas in Finland.
Case published 2.7.2026
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).
Case published 26.6.2026
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.
Case published 26.6.2026