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Paulo Penteado F. S. Neto

  • City: São Paulo
  • Languages: Portuguese, English and Spanish
  • Practice Areas: Tax
  • PROFILE

    Senior Associate at Felsberg Advogados’ Tax Department, specialized in Tax Advisory and Administrative Tax Litigation.

    His practice focuses on tax advisory and tax planning for M&A and corporate reorganizations, structuring inbound (foreign investments in Brazil) and outbound (Brazilian investments abroad) transactions, international taxation and customs, due diligence, assessment of tax risks and contingencies and estate/succession planning. He also represents clients in strategic administrative and judicial tax litigation.

    Paulo has more than 13 years of tax experience. He was head of tax of a corporate law boutique, senior associate at other first-tier law firms and Law Clerk for Justice Cezar Peluso at the Supreme Federal Court of Brazil (STF), where he was responsible for the Tax, Economic and Public Finance law areas. During his clerkship, he was President, Officer and Member of the Fiscal Council of the AASTF. He has experience also in corporate law, capital markets, corporate finance, M&A and private equity/venture capital.

    EXPERIENCE

    • Structuring M&A transactions and coordinating due diligence in the industrial, commercial and services sectors, including in the following industries: information technology, agribusiness, pharmaceuticals, chemicals, hospitality, financial services and insurance, infrastructure (energy; logistics, ports and roads), consumer goods, food, packaging and education;
    • Advising a Brazilian conglomerate in its potential investment in distressed assets of a Brazilian company undergoing a judicial reorganization;
    • Consulting related to the design and taxation of foreign investment structures in Brazil, through the setting up of investment funds in Brazil (FIP, FI-Infra) and abroad;
    • Tax advisory to individuals and families in connection with estate and succession planning, encompassing rural, real estate, financial and foreign assets;
    • Representing clients in their enrollment in voluntary disclosure programs (RERCT);
    • Reviewing stock option plans (stock options, RSU, stock awards);
    • Tax consulting for the implementation of Profit Sharing Programs (PLR);
    • Conducting procedures for the enrollment in tax installment payment programs, at the federal, state and municipal levels;
    • Advisory on the taxation of offshore investments and optimal strategies for the repatriation of funds;
    • Advisory on the taxation by Financial Transactions Tax (IOF) of several cross-border (IOF F/X) and domestic (IOF Credit) deals;
    • Advisory and representation of clients in the granting of tax benefits and incentives (including in the Manaus Free Trade Zone), as well as special regimes;
    • Structuring of and sitting on tax committees;
    • Preparing defenses and appeals before administrative courts and councils, as well as lawsuits and defenses in the Judiciary.

    PROFESSIONAL ASSOCIATIONS

    • Admitted to the Brazilian Bar Association in São Paulo (OAB/SP);
    • Admitted to the New York State Bar Association;
    • Member of Brazilian Institute of Tax Law (IBDT);
    • Member and former President of the Association of Advisers and Former Advisers to Justices of the Supreme Court of Brazil (AASTF);
    • Member of the Harvard Business School (HBS) Alumni Angels of Brazil;
    • Invited researcher of FGV Private Equity and Venture Capital Research Center (GVcepe).

    EDUCATION

    • Master of Laws (LL.M. – Taxation) from Harvard Law School;
    • Master of Philosophy (M. Phil.) from the University of Brasília (UnB);
    • Bachelor of Laws (LL.B.) from the Law School of the University of São Paulo (USP);
    • Bachelor in Business Administration (B.B.A.) from Fundação Getulio Vargas Business School (FGV-Eaesp).

    PROFESSIONAL RECOGNITION

    • Nominated in the 1st place by the Latin American Corporate Counsel Association with the distinction “LACCA Approved 2017” (Tax – Latin America).
    • First Honorable Mention in the “VI Essay Contest” – CVM (Securities and Exchange Commission of Brazil) and São Paulo Stock Exchange (Bovespa), with the thesis “The inverse relationship between the development of securities markets and the cost of capital”, 2005.
    • Paulo is also an invited graduate and post-graduate professor in the tax and international business areas.

    PUBLICATIONS 

    • International Trade Subsidy Rules and Tax and Financial Export Incentives from limitations on fiscal sovereignty to development-inducing mechanisms. 1st ed. Bloomington, IN: Authorhouse, 2012.
    • Deductibility of Interest and Other Financial Payments – Beps Action 4 from the Perspective of Developing Countries. In: Gomes, Marcus Lívio; Schoueri, Luís Eduardo (Coords.). International Taxation in the Post-BEPS Era. Rio de Janeiro: Lumen Juris, 2016. v. I.
    • “Corporate aspects related to RERCT”, In: Repatriação de Recursos (Voluntary Disclosure). H. Torres (coord.); 2nd ed. São Paulo: Migalhas, 2017 (coauthored with Walfrido J. Warde Jr.)
    • “Corporate aspects related to RERCT”, In: Repatriação de Recursos (Voluntary Disclosure). H. Torres (coord.); 1st ed. São Paulo: Migalhas, 2016 (coauthored with Walfrido J. Warde Jr.)
    • Opportunity for voluntary disclosure. In: Valor, Legislação e Tributos, p. E2 – E2, 17 nov. 2015
    • “Constitutionality of the Sports Fans Defense Code”, In: O Supremo por Seus Assessores (The Supreme Court by its Clerks). Horbach, Beatriz Bastide; Fuck, Luciano Felício. (Org.). São Paulo: Almedina, 2014.
    • “The notion of good argument: cogency, plausibility, ‘ARG’ conditions (acceptability, relevance and grounds) and related concepts”. In: Revista dos Tribunais, v. 922, p. 251-288, 2012“Possibility, obligation and tax consequences of enrollment of surrogate taxpayers in another State”. FISCOSoft, v. 2012 (coauthored with Abel Simão Amaro)
    • “Mapping of decisions of the former Federal Taxpayers Council on Tax Planning – Commentaries on case law”. In: SCHOUERI, Luís Eduardo (Coord.) and FREITAS, Rodrigo de (Org.). “Tax Planning and Business Purpose – Mapping of decisions of the former Federal Taxpayers Council from 2002 to 2008”. São Paulo: Quartier Latin, 2010
    • “The government scores a point – modifications in Tax Code Statute of limitations by Complementary Law No. 118/05 only favors the tax administration”. Consultor Jurídico, 2005
    • “Studies on Entrepreneurship – the role of the entrepreneur”. In: Annals/Summaries of the 55th SBPC Meeting (CD-ROM), 55, 2003, Recife
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