Heikki VesikansaPartner | Helsinki
Hannes Snellman’s tax practice offers high-end corporate tax advice, VAT and other indirect tax advice, tax litigation assistance, and private wealth planning. The team continuously provides tax advice on major public and private M&A transactions, capital markets transactions, financial instruments, incentive schemes, as well as formation of private equity and other types of investment funds. Within private wealth planning, the team assists clients in succession tax planning, relocation tax advice, and investment structures. Hannes Snellman regularly represents clients to defend their tax positions in demanding tax litigation and often handles cases which become case law precedents for Finnish tax law. Our tax practitioners provide high-quality tax solutions in an increasingly complex field of law, and they have a strong international reputation for providing pragmatic and effective tax advice.
Counsel in Administrative Court case confirming mutual real estate company’s taxation under Business Income Tax Act.
Counsel in Supreme Administrative Court case confirming equal treatment of a Swedish real estate investor in Finnish taxation
Counsel in Supreme Administrative Court case confirming that Refinancing of real estate company’s bank loans is not subject to transfer tax.
Counsel in Supreme Administrative Court case confirming that share transfer tax is not due on purchase price of shareholder loans
Counsel to a taxpayer receiving confirmation that a transfer of a business at an early stage qualifies as a transfer of a going concern for VAT purposes.
Funds managed by Sentica Partners Oy (Buyer), Mikael Swanljung and his family (Sellers), Picnic Finland Oy, Europicnic Oy and La Torrefazione Oy (Targets)
Sentica Partners’ acquisition of majority ownership in Picnic Company Group from Mikael Swanljung and his family
Value not public
Counsel to Mikael Swanljung and his family
The Finnish Supreme Administrative Court issued a resolution concerning the VAT treatment of intermediary services to Finnish students aiming to study abroad in the U.S. Piia Ahonen successfully defended the client’s position through instances, and the resolution issued by the Supreme Administrative Court as a yearbook decision finally confirms that the client’s position is right and that the tax assessments were unlawful. The intermediary services are not subject to Finnish VAT due to the fact that the client acted as an intermediary between U.S. schools and Finnish students in relation to U.S.-based education and accommodation services that are not taxed in Finland.
Handled pilot cases concerning the tax treatment of debt pushdown in the Supreme Administrative Court.
Counsel to a tax payer in a court proceeding which confirmed that earn out payments cannot be taxed as salary income subject to highest progressive tax rates.
Counsel to several landlords defeating Finnish Tax Authorities’ attempt to deny VAT deductions on the basis of tenant’s bankruptcy.
Counsel to a client receiving confirmation from the Supreme Administrative Court that despite domestic tax law provisions the treaty dividend participation exemption prevents Finland from taxing a capital repayment from paid-in capital by a US subsidiary.
Counsel to a taxpayer in a case concerning the VAT treatment of coworking services.
Santander Consumer Finance Oy, SFC Rahoituspalvelut Kimi VI DAC
Issue of EUR 634,700,000 Class A Notes and EUR 64,800,000 Class B Notes by SFC Rahoituspalvelut Kimi VI DAC secured by a portfolio of hire purchase agreements made by Santander Consumer Finance Oy
Counsel to Santander Consumer Finance Oy
Represented P Oy in a state aid case (C-6/12) related to the selectivity in the Finnish special permission procedure concerning the utilisation of tax losses following a significant change in the ownership of a Finnish company. In the case, the Finnish Supreme Administrative Court had requested preliminary ruling from the European Court of Justice and as a result, P Oy received the permission to utilise the tax losses.
Prevailed in a published landmark Supreme Administrative Court case where the Supreme Administrative Court annulled res judicata CFC decisions (including its own) because they were in conflict with Cadbury Schweppes (C-196/04) ECJ decision. In 2002, the Supreme Administrative Court had neglected its duty to refer the case to the ECJ.
Counsel to Swedish foundations in dividend withholding tax reclaim cases where the Supreme Administrative Court decided, based on the EU principles, that non-residents should also receive interest for the amounts paid back. The Finnish legislation was later amended to correct the situation.
Prevailed in a case recently published in the Supreme Administrative Court Yearbook concerning the question of whether the tax surcharge should be calculated on the basis of the gross amount or the net amount of the mistake.
Prevailed in a published landmark Supreme Administrative Court case concerning the allocation of income from employee options in cross-border situations. Due to the decision, the Finnish system was changed to better match the OECD principles.
Counsel to Raisio plc in a case against the Finnish Tax Authorities in order to have the profit of MEUR 220 generated from the divestment of Raisio plc’s chemicals business declared tax exempt. The Finnish Supreme Administrative Court decided the case in favour of Raisio plc, thereby “saving” them some MEUR 80.
Counsel in legal proceedings before the Finnish Supreme Administrative Court leading to a ruling whereby Finnish tax authorities are not entitled to raise back taxes from companies by re-characterising legal transactions without relevant mandate given by Finnish domestic tax law.
Counsel in a Central Tax Board case resolving the correct consolidation level indicated in the safe haven rule of the new Finnish interest deduction limitations (earnings stripping).
Counsel in legal proceedings before the Helsinki Administrative Court confirming an earlier Supreme Administrative Court decision that transfer taxes are not payable on the termination of share options.
Counsel to several tax payers successfully claiming a refund for unlawfully imposed transfer tax on issue of employee stock options.
Counsel to a client receiving a confirmation from the Finnish Supreme Administrative Court that an effective redemption clause is to be taken into account when valuing shares for gift tax purposes.