Tax Restructuring
The Tax Restructuring department is highly specialized in advising medium and large enterprises on the development of debt restructuring proposals involving tax debts (so-called tax settlements) within the framework of corporate crisis management procedures.
The firm has already assisted companies in implementing these legal instruments, obtaining one of the first court approvals in Italy of a cram down procedure applied to both tax and social security debts.
Team activities
The Tax Restructuring team provides the following services:
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preliminary assessment of the company’s economic, asset and financial position to determine eligibility for a corporate crisis resolution procedure and, if applicable, identification of the most appropriate option (e.g., debt restructuring agreements, preventive composition with creditors, negotiated crisis settlement, certified recovery plan, court-approved restructuring plan);
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legal assistance and strategic guidance to ensure the successful outcome of the restructuring process;
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coordination of the team of professionals in charge of financial advisory and drafting the certified business recovery plan;
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legal support in negotiations with public creditors (such as the Revenue Agency, Tax Collection Agency, INPS and other social security entities) as well as private creditors (such as financial institutions and key suppliers);
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legal representation in unified judicial proceedings concerning business crisis and insolvency before the competent court.
Our clients
The department’s clients are medium and large enterprises that meet the following cumulative criteria:
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total annual assets exceeding €300,000 in each of the three fiscal years preceding the filing for judicial liquidation, or since the start of business if shorter;
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annual revenues of more than €200,000 in each of the same three years (or since inception if shorter);
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total debts, including those not yet due, exceeding €500,000.
Our track record
LEXIA successfully obtained court approval of a tax settlement (fiscal cram down) on behalf of a leading player in the private security sector. This marked one of the first instances in Italy where the cram down mechanism was applied to both tax and social security debts, allowing the court to enforce a settlement despite the opposition of the Revenue Agency and INPS.
In accepting the argument presented by attorney Alessandro Dagnino, the court also established that the INPS and the Revenue Agency constitute a single “State enterprise,” with a unified and indivisible interest not attributable to individual entities. The judges thus rejected the traditional stance of INPS, which often obstructs tax settlements by asserting its legally recognized priority over other creditors, even when doing so may result in lower recoveries for the Revenue Agency.
Team members
The team operates nationwide and includes professionals based in the firm’s Palermo and Milan offices.
See the lawyers in the Business Crisis and Tax Debt Management team.
Team
Alessandro Dagnino
(+39) 091 3090 62
alessandro.dagnino@lexia.it
Alessandro Borsetto
(+39) 02 3663 8610
alessandro.borsetto@lexia.it
Other practices
LEXIA has deep and recognized expertise in tax law matters and accounting services.
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We provide comprehensive tax advisory services, assisting our clients on tax matters related to their commercial and strategic projects, and ensuring highly qualified and up-to-date support on the complex national and international tax environments. Our team of experts collaborates closely with professionals from the corporate and financial law departments, ensuring an integrated approach that meets business needs and optimizes their tax structures efficiently and in compliance with applicable regulations.
Moreover, we offer specialized tax advice to high-net-worth individuals, supporting them in all tax law matters related to the transfer of tax residence to or from Italy. This includes tax optimization for entering or leaving the country, ensuring compliance with both Italian and foreign regulations for personalized and strategic tax planning.
The team specialized in tax collection law defends taxpayers against the Revenue Agency - Collection (ADER) and private municipal collection agencies.
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LEXIA boasts a high and well-established level of specialization in tax law, thanks to dedicated internal departments (tax, tax enforcement, tax advisory, administrative law, and public finance), all skillfully led and coordinated by cofounder and managing partner Avv. Prof. Alessandro Dagnino, one of the most renowned and respected tax lawyers at the national level.
We have a long series of innovative case histories that have impacted tax law and business, with cases also handled before the Court of Cassation and the Constitutional Court. We provide consultancy and assist clients in all phases of the tax assessment procedures conducted by the Italian Revenue Agency and/or the Guardia di Finanza.
