Companies, structured products & DAOs

We assisted a company with its first annual financial statements following the transition to IFRS. A key focus was on the tax assessment of uncertain tax positions and their correct presentation in the financial statements. We recalculated deferred taxes, conducted a tax rate reconciliation, and ensured that all tax positions complied with the new accounting standards.

We have supported more than 42 DAO structures in finding an appropriate legal framework in the physical world and setting up the necessary corporate structures to meet tax and regulatory requirements. We assist in implementing cost-plus taxation, calculating the necessary budgets, and addressing the tax treatment of token software contributions. A key part of our work is the determination of transfer pricing for service contracts to minimize tax risks. Additionally, we qualify tokens for tax purposes and obtain tax rulings on the VAT treatment of airdrops to ensure legal certainty at an early stage.

We assist a client in reclaiming withholding tax on licensing income in Germany, South Korea, and the United States. In collaboration with local tax advisors, we verify the applicable tax regulations, coordinate the submission of required forms, and ensure complete documentation. This includes preparing and filing forms such as W-8BEN to claim reduced tax rates under double taxation treaties.

We regularly assess whether loans or convertible loans issued by our clients qualify as collective capital investments under the 10/20 non-bank rule. In this process, we analyze whether a tax classification as a bond applies and evaluate the implications for corporate taxation. A particular focus is on determining whether interest payments and conversion discounts are subject to withholding tax.

A key area of expertise for our founder and managing director is the tax qualification of structured products. With extensive experience in the taxation of bonds, mini-futures, and reverse convertibles, she advises on the correct classification of these financial instruments.

For an international client, she conducted a tax analysis of the entire portfolio and developed an automated process for tax classification. Initially, she created a decision tree as a foundation for programming the classification logic. The next step was to integrate verification of tax classification based on issuance terms and product documentation, ensuring that each product was correctly assessed. Finally, she implemented a systematic adjustment of tax qualification to ensure that new products could be directly classified according to predefined criteria.