Agribusiness reorganization under BEPS

ILF's client - an agribusiness company - is exploring the new markets of North Africa and Asia. Growing shipments and increasingly complex dealings with foreign banks, such as issues with dollar payments in Latvian banks and refusal to work with offshore accounts by numerous European banks, prompted the company to consider reorganization.ILF partner Artem Naumov together with lawyers specializing in investment consulting analyzed the companies of the agribusiness group as well as the flow of cash, goods and services, and offered the client two models for reorganizing the companies in Ukraine and abroad. The models emphasize retaining current levels of tax pressure; security and stability (choosing jurisdictions based on the risk of disclosure and disputes with tax authorities in all countries where the group operates), and ease of management. Aside from this, the models were adjusted in accordance with the future implications of the BEPS plan and de-offshorization (Ukraine has already agreed to 4 steps of BEPS and is expected to sign up for 3 more by the end of 2017), which is going to bring funding from the EU for further scaling and development of new business ventures.After the client chose the best business structure, ILF lawyers assisted with its implementation: they helped start new companies in selected countries, prepared contracts within the group and managed the movement of the first shipments of agricultural products through customs.

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