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.

Fintan’s work has been recognised by the following publications:

  • Legal 500 (Leading Individual in Tax, 2016, 2017, 2018)
  • Chambers & Partners (Band 1 in Tax, 2016, 2017, 2018)
  • Who’s Who Legal (Corporate Tax Advisory, 2017)
  • Expert Guides – The Legal Media Group Guide to the World’s Leading Lawyers (Tax, 2016, 2017, 2018)

Experience

Recent matters that Fintan has advised on include:

Corporate Advisory

  • Advising CRH in relation to its share buyback on the London stock exchange
  • 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. on its proposed $73bn merger of equals with Linde A.G. under a new Irish holding company to be known as Linde plc.
  • Tyco on its $20 billion merger with Johnson Controls
  • Zoetis, Inc. on its acquisition of Nexvet Biopharma plc.
  • A number of clients on “on-shoring” their IP to Ireland and aligning it with DEMPE functions
  • Mylan Inc. in connection with its proposal to acquire Perrigo Company plc 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 of Hyperion Therapeutics, Inc. for approximately €1.1 billion.
  • CRH plc 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 on its proposed acquisition by Medtronic, Inc. for $43 billion
  • Tyco International and Pentair Ltd 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 on its acquisition of Questcor Pharmaceuticals Inc. for cash and shares valued at $5.6 billion
  • Ingersoll-Rand in relation to the spin-off of Allegion plc and its listing on NYSE
  • Covidien plc in relation to the spin-off of Mallinckrodt plc and its listing on NYSE
  • Cooper Industries plc in relation its acquisition by Eaton Corporation for $11.8 billion

Financial Services

  • Advising on CLO transactions over the 12 months to Aug 2018 with as aggregate value of in excess of €14 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
  • Bank of Ireland, as Originator, in relation to a synthetic securitisation transaction to sell risk related to a portfolio of $1.7 billion of acquisition finance loans to a group of international investors
  • 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

Real Estate

  • TRIUVA in relation to the purchase of city centre office block mid-construction and pre-let as headquarters to the National Treasury Management Agency for approx. €170m
  • Spear Street Capital on its acquisition of Cherrywood Business Park, a multi-tenanted suburban office park comprising high spec offices and retail units, for approx. €145m

Tax Disputes

  • Representing a client in a dispute on whether compensation payments were vatable or non-vatable
  • 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.