A Korean fund via SPV based in Luxembourg intended to acquire a warehouse located in Poland owned by a Polish company. Due to the transaction being planned in a short period, obtaining an tax ruling confirming the tax treatment of the acquisition was not possible before closing.

Depending on classification of the subject of acquisition, whether it comprises transfer of a going concern or separate assets, transaction would be subject to either CLAT or VAT in Poland.

Backed by verification of source data, including among others transaction perimeter, filing to tax authorities as well as draft of the motion for the tax ruling, ICEN Risk prepared a tailor made insurance policy intended to safeguard both the seller and the acquirer against potential reassessment of the subject of the transaction.