Geoffrey Scardoni heads the Tax and Pensions practice at Clifford Chance's Luxembourg office. He has more than 15 years of experience advising institutional investors, corporates and banks across the finance and capital market sectors. Geoffrey focuses on national and cross-border complex financing transactions, public and private structured debt and set-up of financing and securitisation platforms. Avocat à la Cour registered with the Barreau de Luxembourg, he graduated from Université de Nancy II (France), Master's Degree in business and tax law (DESS/DJCE) and has a postgraduate diploma in European business law (magistère de juriste d’affaires européen). Geoffrey is also a Lecturer on tax law, University of Luxembourg and a regular speaker at international seminars.
The investment fund and asset management industry is highly regulated. UCITS, AIFs and their subsidiaries, as well as investment managers operate in accordance with EU directives and regulations. They are tax-neutral entities that generally operate on a pan-European basis and are used for pure investment purposes. They provide an essential platform for EU and non-EU investors to channel capital in particular to EU entities in a regulated manner. In this context, economic substance derives from EU Directives and the rules set by the competent national authorities that shape their operational set-up. In the context of tax rules, however, the perception may be somewhat different. The panel will present and discuss the concept of "substance" in investment fund structures and in the asset management business model(s) seen from a tax perspective including, inter alia, the potential impacts of the draft "Unshell" Directive, the influence of case law and of the increasing use of new ways of working.
Director
Managing Director
Partner
Avocat à la Cour - Partner