Eduardo Gracia
Eduardo Gracia

Eduardo Gracia

Consultant

Madrid

+34 91 364 9854 | +34 609 851 851
eduardo.gracia@ashurstperkins.com

Introduction

Eduardo delivers strategic tax counsel across M&A, real estate, finance and cross-border investment structuring throughout EMEA and the US. He also represents his clients in the national and European courts of Justice.

Eduardo Gracia was the head of tax for EMEA & US until November 2025. Eduardo specializes in tax matters of M&A, real estate, finance and distressed debt as well as on international tax, European tax and transfer pricing projects.

He has advised a wide range of Spanish and international corporate, funds and financial institutions on the tax planning and structuring of inbound investment into Spain. He has also advised on a considerable number of outbound investments advising on the corporate and operational restructuring of multinationals. Eduardo specializes in Spanish, EU and international taxation of companies, VAT and other indirect taxation.

Eduardo has also developed a broad experience in tax dispute resolution, covering all the services required by the clients, from the prevention of tax conflicts with the tax authorities, to their representation before the courts.

He has been the Spanish private sector representative at the Joint Forum on Transfer Pricing of the European Union since 2002 until 2015.

  • Cerberus Capital Management advised Cerberus on the sale by Haya Holdco 2 Plc of 100% of the share capital of Haya Real Estate S.A.U. to Intrum Holding Spain, S.A.U. and 100% of the outstanding shareholder loan interests to Intrum AB (listed on the Swedish Stock Exchange).
  • Spanish property company owned by funds managed by an international alternative investment fund manager advising on the CIT/VAT and WHT audit process covering, among other issues, the business rationale for allocating the acquisition debt to the Spanish holding company incorporated to acquire it.
  • Government of a Caribbean jurisdiction on the screening process related to the EU Code of Conduct Group on Business Taxation.
  • A Number of NPL Portfolio Holding Companies advised by an International Alternative Investment Fund to represent them before the tax authorities on a search on their corporate domicile followed by a tax audit procedure.
  • An Alternative Investment Fund on the acquisition of several renewable energy businesses in Spain.
  • Madrileña Red de Gas advising the utility group in connection with the appeals currently in progress before the Supreme Court with regard to the appeals against the CIT reassessments of FYs 2011-12 and 2012-14, the National High Court against the administrative court's decision that followed the CIT reassessments of FYs 2014-15 and 2015-2017 and before the administrative court against the CIT reassessments of FY 2018-2021.
  • Advising an American consumer products multinational company on the procedural strategy to follow in order to oppose two tax reassessments issued by the Spanish Tax Inspectorate on the arm's length remuneration of an intragroup loan and on the functional characterization (and hence, the remuneration to which it would be entitled to) of the leader and the rest of parties to an intragroup cash pool agreement.
  • Certa Insurance on the analysis of the insurability of different tax risks, such as those arising in mergers and acquisitions, in relation to indirect taxation in real estate acquisition transactions and on the applicability of the tax neutrality regime in different scenarios.
  • Representing several clients on mutual agreement and arbitration procedures established by tax treaties or EU legislation as an alternative method to the resolution of tax controversies causing international double taxation.
  • Alantra on the acquisition of a majority stake and integration of three leading Spanish-based genetic diagnostics companies: Imegen, Genycell Biotech and Health in Code. The complexity of the matter lay in the need to align very different needs of the selling parties when designing the acquisition structure, in which they have retained a minority stake.

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