Almost all commercial transactions have tax implications and tax considerations can affect and often times dictate the form of a transaction. FB Attorneys’ innovative tax structuring expertise gives clients peace of mind through comprehensive tax services. Our tax lawyers have extensive training in accounting in addition to numerous on site accountants. Clients take comfort knowing that their accounting needs will be precisely and professionally met.
The firm’s tax practice has been built around the needs of its clients. Offering unprecedented legal advice both regionally and internationally, FB Attorneys’ experience combined with its global reach enables the delivery of both effective and timely services. Specialising in strategic legal, tax, and regulatory matters, these fine attorneys have a wealth of experience working in highly complex innovative tax structuring transactions. The firm also handles tax investigations and disputes from initial queries to litigation or settlement.
The lawyers at FB Attorneys represent clients before the TRA in objection proceedings and negotiations, at the Tax Revenue Appeals Board (TRAB), Tax Revenue Appeals Tribunal (TRAT) and Court of Appeal in tax disputes worth over USD 2.8B.
Our experience in Tax law
- Successfully handled one of the largest tax litigation case in East Africa having a tax liability of more than USD 200 million on indirect transfer of shares between two non-resident mining companies before various judicial forums.
- Successfully handled transfer pricing litigation on notional interest on intercompany loan by a leading Canadian mining company to its Tanzanian subsidiary.
- Successfully handled tax litigation case related to indirect transfer of shares of a leading international hotel and resort real estate investment company having a portfolio of upscale hotel properties across the globe.
- Successfully handled tax litigation of a leading international sugar manufacturing unit on the issue of disallowance of marketing expenses and management expenses between two related companies.
- Successfully handled tax litigation related to local custom laws involving a German multinational dealing with generators, pumps and machines for purification of water plantin Tanzania.
- Handling tax cases for three large banks on disallowance of bad debts in books of accounts.
- Handled a transfer pricing case for a multinational bank and various other multinational companies operating in Tanzania.
- Handled tax litigation on employment taxes, corporate taxes, withholding tax, value added tax and disallowance of depreciation expense of a leading multinational gas producing company in Tanzania.
- Handling a reverse VAT (reverse charge mechanism) case for a large extractive industries company.
- Acting for two companies on applicability of VAT in a farm in farm out transaction in the oil and gas industry.
- Presented to various stakeholders on the New VAT Act and Tax Administration Act.
- Successfully handled a case for a subsidiary company in Tanzania on grossing up of foreign payments for management fees.
- Advised a resident company on capital gains consequences in the indirect sale of shares of its holding company.
- Advised a resident manufacturing company on capital gains implications on disposition of its core assets in Africa.
- Advised a multinational mining company on VAT issues related to importation of services under reverse charge mechanism.
- Advised a leading multinational company on permanent establishment implications.
- Advised on the tax structure for a leading French multinational holiday firm in setting up management agreement with a locally registered entity.
- Acted as Tanzanian tax law expert in an international arbitration at the LCIA involving two leading multinational companies having operations in Tanzania.
- Advised on most tax efficient structure for acquisition of a leading brewery company in Tanzania by one of the largest brewing houses in the world.
- Advised a leading gold mining company having Mining Development Agreements (MDAs) with the Government of Tanzania on the issue related to specific relief as provided under the VAT Act.
- Advised various companies in the extractive industries on the applicability of their various exemption agreements with the Government vis a vis tax statutes.
- Advised the leading commercial helicopter operator in Tanzania on custom laws on importation of helicopters and applicability of VAT.
- Advised a UK-based global business risk consultancy on the issue of Directors liability and withholding tax liability implication on transfer of funds from Tanzanian entity.
- We work with the big four on tax matters across all industries.
- We are in regular contact with the Government technical teams for our input on taxation across all industries, most recently in the oil and gas sector.
- Handling a dispute for a multi national services company over transfer pricing and apportionment of management fees incurred by the holding company.
- Advised a foreign company on reexportation of goods imported under temporary importation structure.
- Applied for various advance tax rulings with the tax authority in Tanzania.
- Appealed by way of a review against a decision by the Commissioner for Customs over customs duty applicability for exempt goods.
- Represent a large local importer of meat products on applicability of common customs tariff and rules of origin over remissions schemes in the East African Community.
- We continue to be the preferred law firm for large real estate transactions that involve complex capital gains tax, VAT and stamp duty issues.
- Advise clients on tax implications before entering into asset purchase or share purchase agreements.
- Conducted a full tax due diligence and tax health check of a local entity in the industrial sector whose shares were being sold to a foreign firm.
- Consulted for a local company on the applicability of VAT on foreign insurance premiums.
- We continue working with large European, American, Middle East, Far East and African law firms on cross border tax related matters including a recently concluded deal on indirect transfer of shares of a holding company across 11 jurisdictions in Africa.
- Represented a client before the Tanzania Revenue Authority on applicability of VAT on a joint venture agreement.
- Representing a diplomatic mission on withholding tax applicability on office space leased by the mission to a third party.
- Representing a leading aviation company on VAT applicability on services rendered across different jurisdictions.
- Handling an appeal on applicability of skills and development levy in the farming sector.
- Handled an appeal on excise applicability on excess quota of sugar imported by a beverages company.
- Advised client on differential import duty and excise as imposed by Customs department on the same imported goods from different jurisdictions but with different pricing.
- Consulting various umbrella organisations on importance and necessity of gazettement of agreements to give them the force of law under tax statutes.
- Continue to represent clients in all stages of tax litigation from pre tax assessment issuance, to objection proceedings and representation before the Tax Revenue Appeals Board (TRAB), Tax Revenue Appeals Tribunal (TRAT) and Court of Appeal of Tanzania. In total we have tax cases at the objection proceedings level, TRAB, TRAT and Court of Appeal amounting to over USD 1bn.