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PNSA Successful for Azomures Before High Court of Cassation and Justice

PNSA Successful for Azomures Before High Court of Cassation and Justice

Romania
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Popovici Nitu Stoica & Asociatii has successfully represented Azomures before Romania's High Court of Cassation and Justice in a dispute hinging on intra-group tax relations.

According to the firm, through the high court's decision, "the contested administrative-fiscal acts were annulled in part, with regard to the additional profit tax and accessories established by the fiscal bodies as a result of the rejection of the deductibility of expenses with the services provided by affiliated companies." The court also required the tax authorities to return the amount for which the cancellation was ordered, with interest.

PNSA had initially "obtained a favorable decision at the Targu Mures Court of Appeal, upheld by the High Court of Cassation and Justice, whereby the court, definitively: (i) held that the method of internal comparison of the prices used by the company is the most appropriate to establish whether the prices for the services provided by the affiliated companies comply with the principle of market value, (ii) considered deductible when calculating the profit tax the expenses for the handling, storage and transshipment services provided by the affiliated companies and (iii) found that the profit tax and accessories related to the adjustment of expenses with the services provided by the affiliated companies were illegally determined by the tax authorities."

The PNSA team included Partner Raluca Rusu, Of Counsels Mihaela Vrabie and Mihaela Pohaci, and Managing Associate Bianca Chiurtu.

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

Firm's website.

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