Javier Hernández Galante
Javier Hernández Galante

Javier Hernández Galante

Partner

Madrid

+34 91 364 9847 | +34 676 622 477
JavierHernandez.Galante@ashurstperkins.com

Introduction

Javier combines deep technical tax knowledge with an economist's commercial instinct, guiding foreign investors through Spain's most complex cross-border structures.

Javier Hernández Galante is a partner in our Madrid tax practice with wide experience in Spanish, EU and international taxation of companies.

He has advised national and international clients on the tax aspects of large cross-border transactions, group restructurings, real estate transactions (FABs and SOCIMIs), indirect taxation, and international tax planning. He also has substantial experience in the prevention and resolution of tax disputes and in representing companies and individuals before the Spanish Tax Authorities and the Spanish and European Community courts disputes.

Javier is seen as a relevant practitioner in the real estate, NPLs and M&A sectors.

The combination of his practical approach and technical excellence (together with his economic background, which helps him to understand the financial and economic needs of clients) have allowed the department to become the preferred tax firm for the structuring work of a number of foreign investors.

 

  • Castellana Properties and Vukile Property Fund Limited on all the tax and corporate aspects of their investments in Iberia, including the recent acquisition of several shopping centers in Spain and Portugal or the listing of its partially owned Portuguese subsidiary Caminho Propicio in the Spanish BME market.
  • Castellana Properties on the sale of nine retail parks.
  • Several entities on different tax audit procedures where the Spanish tax authorities are starting to review the application of the SOCIMI regime.
  • A Number of NPL Portfolio Holding Companies advised by several International Investment entities on different ongoing tax audit procedures before tax authorities. The tax audit wants to assess whether the income earned on the realization of mortgage-secured non-performing loans have been rightly charged in Spain.
  • A TV Company on the appeal on VAT reassessments before the tax administrative court. We have advised on separate tax inspections for years since 2012 until 2023 and the subsequent appeals against a negative resolution by the tax authorities. The case started not only against our client but also against the main regional public TV companies and it forced a change in the Law in 2014 with effect as of 2015 and another change in the Law in 2017. The case has implications not only at the level of the tax audit procedures but also implies appeals and court processes at different levels (including the Spanish Supreme Court and the EUCJ).
  • Apollo on the acquisition of a 49,99% stake in Primafrio, a Spanish cold chain road transport and logistics company.
  • Several funds engaged in the direct lending business on the incorporation of a lending platform joining forces with a Spanish entity in charge of the generation of opportunities and the servicing of the loans granted to Spanish developers.
  • A Spanish infra entity on the tax aspects of the incorporation of a relevant data centers portfolio.

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