IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

AMPHITHEATRE BORDEAUX, Level 3

Session information

Criminalisation of tax litigation and development of negotiated justice

Wednesday 1 November (1430 - 1545)

AMPHITHEATRE BORDEAUX, Level 3

Committee(s)

Taxes Committee (Lead)

Description

Tax violations assessed by the tax authorities may in many cases give the start to criminal tax investigations. This growing trend happening in several European countries is the result of new measures aimed at criminalizing certain tax violations as well as of the action of the tax authorities to contrast tax evasion. The risk is not limited to manifest fraudulent cases (such as the issue of false invoices) but it may as well include less obvious cases such as the case of hidden permanent establishment or tax claims based on a certain interpretation of the law as the experience in several European countries has shown.  In such cases, the managers of the involved companies may find themselves implied in criminal tax investigations or, in the worst case, charged with tax criminal convictions.  With a practical approach focused on real cases, this panel will address the impact of criminal aspects from a tax perspective and discuss the available alternatives that can avoid criminal tax conviction or minimise the charges.

Session / Workshop Chair(s)

Francesco Capitta Facchini Rossi Michelutti, Milan, Italy
Olivier Dauchez Gide Loyrette Nouel A.A.R.P.I., Paris, France

Speakers

Caroline Ciraolo Kostelanetz, Washington, District of Columbia, USA
Saravana Kumar Rosli Dahlan Saravana Partnership, Kuala Lumpur, Malaysia
Silvia Martina Cagnola & Associati Studio Legale, Milan, Italy; Newsletter Editor, Anti-Corruption Committee