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TPA Romania Obtains EUR 1 Million Excise Tax Refund for Austrotherm Romania

TPA Romania Obtains EUR 1 Million Excise Tax Refund for Austrotherm Romania

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TPA Romania has successfully represented Austrotherm Romania before the High Court of Cassation and Justice in a dispute with Romania’s fiscal authorities over excise taxes.

Austrotherm Romania is a part of Austria’s Schmid-Industrie-Holding and is a producer of thermal and noise-insulating products. The company operates three factories in Bucharest, Arad, and Horia.

TPA reported that, after a six-year litigation, the court ordered the fiscal authorities to refund EUR 1 million Austrotherm paid in excise taxes.

According to TPA, “[the court] recognized the taxpayer’s legitimate expectation principle invoked by the lawyers at TPA Romania in the (over-regulated) Romanian fiscal procedure field. [In] other words, a taxpayer’s claim which is valid in substance, observing all essential requirements, may not be denied by the fiscal authorities on the grounds of procedural requirements that have not been observed - as long as the authorities did not invoke them on previous interactions with the respective taxpayer, in similar circumstances.”

TPA’s team was led by Legal Partner Dan Iliescu.

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). 

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