Our experts in the field of asset management have many years of experience in the structuring and ongoing (tax) legal support of national and international fund structures of various types. We support fund initiators throughout the entire life cycle of the respective fund structures, from the conception, launch and investment phase to the liquidation of investment assets.
In addition, we advise a large number of (closed and open) funds in the context of ongoing tax compliance as well as investors in connection with the consideration of fund structures in their annual financial statements and tax returns.
Furthermore, we advise numerous management companies and institutional investors (including funds of funds) on an ongoing basis with regard to investments in German and foreign investment assets as well as with regard to the establishment and ongoing taxation of their own investment structures. Due to our expertise regarding different asset classes and investment structures, we understand the specific requirements of the industry and its needs. We handle WHT refund procedures in all relevant EU countries for a large number of domestic and foreign clients (investment funds and their investors).
Our expertise covers the following asset classes in particular:
- Securities
- Real Estate
- Private Equity
- Private Debt
- Hedge Funds
- Infrastructure / Renewable Energy
- Trade Financing
- SPACs
A major focus of our advice is the legal and tax support of the structuring of regulated and non-regulated, domestic and foreign investment funds; we advise on both the fund input side (assets) and the fund output side (investors). Our long-standing clients include, in particular, initiators and management companies of UCITS funds, hedge funds, private equity funds, venture capital funds, loan funds, real estate funds and infrastructure funds. Our advice also covers the tax structuring and design of management functions.
Our range of advice includes:
- Structuring of cross-border investments (esp. purchase and sale of investment shares and investment companies)
- Tax advice on the design of national, cross-border and multinational fund structures
- Tax advice on restructuring and liquidation of investment funds
- Ongoing tax support for closed-end fund structures (in particular declarations in accordance with §§ 179, 180 AO)
- Fulfillment of tax declaration, notification and information obligations (e.g. DAC6)
- Tax compliance for fund investors (e.g. regarding investment of pension assets)
- Preparation of tax returns and annual financial statements
- Tax on the addition of taxable income according to the AStG (CFC rules)
- Tax consulting in connection with tax compliance management systems
- Supervision of tax audits and support in judicial and extrajudicial appeal proceedings
- WHT refund applications (on the basis of DTAs, EU law, national law)
- Tax consulting in connection with the execution of distributions from investment funds
- Conducting tax due diligence reviews, including investment tax law in the context of transactions
- Formulation and negotiation of tax clauses in contracts (e.g. purchase agreements, loan agreements)
- Tax, non-tax and investment tax reviews of target funds
- Tax conceptualization of refinancing transactions
- Advice in connection with exit taxation
- Outbound and inbound investments
Outbound Investments
Together with the international team of WTS Global, we accompany German money in international investments, regardless of the legal form of the investment. In doing so, we support our clients in structuring their foreign investments or with regard to the tax compliance of their German investors.
Inbound Investments
Our team of experts advises foreign investors, in particular fund managers, on the acquisition, management and disposal of German securities, companies, infrastructure and other assets.
