Cross-border joint ventures—taxation and funding issues
Produced in partnership with Matthew Powell of Shearman & Sterling
Cross-border joint ventures—taxation and funding issues

The following Corporate practice note produced in partnership with Matthew Powell of Shearman & Sterling provides comprehensive and up to date legal information covering:

  • Cross-border joint ventures—taxation and funding issues
  • Cross-border JVs
  • Tax planning from the outset—high level issues
  • Contributions and Withdrawals
  • Tax implications on a transfer of assets
  • Ongoing funding—shareholder financing
  • Ongoing funding—third-party debt
  • Distributions, charges and losses
  • Currency/foreign exchange controls
  • Employees

Cross-border joint ventures—taxation and funding issues

With thanks to other contributors from Shearman & Sterling LLP offices in Abu Dhabi, Beijing, Frankfurt, Hong Kong, London, New York, Paris, Rome and Tokyo, and for contributions on South African Law from Dean Rose of Edward Nathan Sonnenbergs Incorporated and on Dutch Law from Marleen Wessel at Loyens & Loeff.

Cross-border JVs

There is no ‘one size fits all’ approach when forming cross-border joint ventures (JVs) (ie where one or more of the JV parties is based outside the UK and they intend to form a JV outside the UK). The terms of any agreement must ultimately describe the commercial arrangement between the parties. However, many of the legal issues set out in this and the following Practice Notes: Cross-border joint ventures—initial considerations, Cross-border joint ventures—management and control and Cross-border joint ventures—termination may in fact influence the choice of jurisdiction for the JV entity, as well as the commercial deal itself and should therefore be considered as early as possible to give the JV the best chance of success.

Even if a joint venture agreement (JVA) has a familiar governing law, such as English law, establishing a cross-border JV can lead to unexpected and unfamiliar issues arising. Each of the issues is discussed at a relatively high level, but definitive local legal advice should always be sought when entering into or

Related documents:

Popular documents