Fintan Clancy

Fintan Clancy | Tax Lawyer | Corporate Tax Lawyer | Arthur Cox
  • Fintan Clancy
  • PARTNER, CO-HEAD TAX GROUP
  • +353 1 920 1190
  • Arthur Cox, Ten Earlsfort Terrace, Dublin 2, D02 T380, Ireland

Expertise

Fintan specialises in tax. He represents companies on the tax issues arising from transactions such as acquisitions, disposals, reorganisations, migrations, securitisations, IP on-shoring and financings. He advises multinationals, investment funds, banks and insurance companies in relation to insurance, financial and structured products. He navigates a path through tax disputes and tax litigation for clients. Previously Fintan worked in a City of London law firm and a New York headquartered law firm.

Experience

Recent matters that Fintan has advised on include:

Corporate

  • International Paper Company on its bid for Smurfit Kappa
  • Pentair plc. on the spinoff of nVent plc.
  • Axa on its recommended offer for XL Group
  • eir on its acquisition by NJJ Telecom
  • Avadel Pharmaceuticals on an exchangable bond
  • Praxair, Inc. (NYSE: PX) on its proposed $73bn merger of equals with Linde A.G. (ETR: LIN) under a new Irish holding company to be known as Linde plc.
  • Tyco (NYSE: TYC) on its $20 billion merger with Johnson Controls (NYSE: JCI)
  • Zoetis Inc (NYSE: ZTS) on its acquisition of Nexvet Biopharma plc. (NASDAQ: NVET)
  • A number of clients on “on-shoring” their IP to Ireland and aligning it with DEMPE functions
  • Mylan Inc. (NASDAQ: MYL) in connection with its proposal to acquire Perrigo Company plc (NYSE: PRGO) in a transaction valued at approximately US$35 billion
  • The underwriters and banks in relation to the debt and equity financing of the acquisition by Horizon Pharma plc (NASDAQ: HZNP) of Hyperion Therapeutics, Inc. (NASDAQ: HPTX) for approximately €1.1 billion.
  • CRH plc (CRH:London/NYSE) on its acquisition of assets from Lafarge and Holcim for €6.5bn and associated €3 billion bank finance and €1.6 billion share placing
  • Covidien plc (NYSE: COV) on its proposed acquisition by Medtronic, Inc. (NYSE: MDT) for $43 billion
  • Tyco International (NYSE: TYC) and Pentair Ltd (NYSE: PNR) on their migration from Switzerland to Ireland
  • Centrica on the acquisition from Bord Gáis of its Irish gas and electricity supply business and a power station
  • Mallinckrodt plc (NYSE: MKN) on its acquisition of Questcor Pharmaceuticals Inc. (NASDAQ: QCOR) for cash and shares valued at $5.6 billion
  • Ingersoll-Rand (NYSE: IR) in relation to the spin-off of Allegion plc (NYSE:ALLE) and its listing on NYSE
  • Covidien plc (NYSE: COV) in relation to the spin-off of Mallinckrodt plc (NYSE: MKN) and its listing on NYSE
  • Cooper Industries plc (NYSE: CBE) in relation its acquisition by Eaton Corporation (NYSE: ETN) for $11.8 billion

Financial Services

  • Advising on CLO transactions over the 12 months to May 2018 with as aggregate value of in excess of €13 billion
  • EU risk retention compliant originator companies for Blackstone/GSO, Chenavari, Partners Group, Napier Park and H.I.G.
  • CNP Assurances on the acquisition of a majority stake in the insurance subsidiaries of Banco Santander and the entering into a strategic partnership
  • Carlyle, CarVal, KKR Avoca, Morgan Stanley, Goldman Sachs in relation to securitisations and financings
  • KKR in relation to its acquisition of Avoca Capital
  • Blackstone’s GSO Capital Partners in relation to its acquisition of Harbourmaster Capital
  • Cantor Fitzgerald in relation to its acquisition of Dolmen Securities

Tax Disputes

  • Representing a client on a VAT dispute in relation to compensation
  • Representing a client in relation to a capital gains tax dispute in the Irish High Court
  • Representing clients in dawn raids by the Revenue Commissioners including Mutual Legal Assistance and Anti-Money Laundering investigations
  • Representing a client in relation to VAT recovery for a holding company
  • Representing a client in respect of a dispute over a deduction for excesses of management.
Education
  • LL.B, 1994, Trinity College, Dublin
Professional
  • Admitted as a solicitor in Ireland,1997
Memberships
  • Member of the UK Chartered Institute of Taxation (1999)
  • Law Society of England and Wales (non-practicing) (1998)
  • Irish Debt Securities Association, Member of Executive Council and Chair of Taxes Committee
  • Irish Funds Industry Association, Member of Taxes Committee
Authorship

Fintan has written articles for Tax Notes International, International Tax Review, PLC magazine, Practical Asian Tax Strategies and the Tax Bulletin of the Institute of Chartered Accountants in England and Wales in relation to a variety of issues including interaction of EU and Irish law, finance vehicles, stamp duty planning and the interaction of tax and accounting.