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Profile Picture

Hans Martin Schmid

Hans Martin
Schmid

Partner

CONTACT INFO

mschmid@gibsondunn.com

TEL:+49 89 189 33-110

FAX:+49 89 189 33-390

Munich

Hofgarten Palais, Marstallstrasse 11, 80539 Munich, Germany

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PRACTICE

Tax Real Estate

BIOGRAPHY

Hans Martin Schmid is a partner in the Munich office of Gibson, Dunn & Crutcher. He is a member of the firm’s International Tax and Real Estate Groups.

As a certified tax lawyer and tax adviser, Mr. Schmid is experienced in all areas of national and international tax law, with particular emphasis on fund and investment structures, corporate reorganizations, restructurings, joint ventures, financing structures, and financial and derivative instruments.

Mr. Schmid provides tax advice for major public and private corporations, multi-nationals, investment banks, insurance companies, private equity and real estate funds and foundations. He has developed significant expertise in the taxation of trusts and tax-planning for high net worth individuals.

Legal Experts EMEA recommend Mr. Schmid among the leading tax and real estate lawyers in Germany. The Legal 500 series has noted that he has an “impressive tax record”. He is also listed by Handelsblatt / The Best Lawyers™  2022/2023 among the best lawyers in Germany for Real Estate Law.

Mr. Schmid regularly publishes on tax law and tax related matters.

He is member of the firm’s Pro Bono Committee.

Prior to joining Gibson Dunn, Mr. Schmid was a partner at a U.S. corporate law firm in Munich and Frankfurt.

He speaks German and English.

Experience

Representative matters providing tax advice related to corporate transactions include:

  • Bosch:
    • Acquisition of Siemens’ 50% stake in BSH Bosch and Siemens Hausgeräte GmbH, Europe’s largest producer of household appliances for approx. €3 bn;
    • Acquisition of ZF Friedrichshafen’s 50% stake in ZF Lenksysteme GmbH, a leading global supplier of automotive steering systems;
    • Acquisition of Hörburger AG, a building automation specialist;
    • Disposal of Bosch Rexroth’s wind turbine and generator gear boxes business to ZF Friedrichshafen;
    • Disposal of its ATW business to Stargate Capital.
  • Gilead Sciences, Inc.: Acquisition of MYR GmbH (approx. €1.15 bn plus up to €300 m milestone payment).
  • Handshake on the acquisition of TalentSpace, a leading virtual and hybrid recruiting event platform in Europe.
  • HJM Investment GmbH & Co. KG: Sale of a stake in RENOLIT SE and the acquisition of RKW SE.
  • Kubota Corporation on the acquisition of Brabender Technologies.
  • Muehlhan AG: Sale of Gerüstbau Muehlhan GmbH to Brand Energy & Infrastructure Services GmbH.
  • OJSC LSR: Tax advice on finance and fund structuring issues for joint bid with One Equity Partners for the acquisition of Haniel’s construction materials business, Xella International (deal volume approx. €2 bn).
  • One Equity Partners: Acquisition of Alltub Group, a market leader in aluminium and laminate specialty packaging for the cosmetics industry and other markets.
  • Perusa on the sale of MÜPRO Group to IK Partners.
  • Platinum Equity Advisors: Acquisition of Solenis from BASF SE and Clayton, Dubilier & Rice.
  • SC Holdings on the investment in Canyon Bicycles.
  • Stone Canyon Industries: Transaction tax advice on the US$3.2 bn acquisition of K+S Aktiengesellschaft’s Americas salt business, including Morton Salt.
  • Stone Canyon Industries and its subsidiary BWAY: Transaction tax advice on the US$2.3 bn acquisition of Mauser Group, a leading industrial packaging company, from Clayton, Dubilier & Rice.
  • Triton: Acquisition of Lamina Technologies SA.
  • Triton: Acquisition of a majority stake of Inwerk GmbH.
  • Trusted Media Brands: Transaction tax advice on the sale of the German operation Reader’s Digest Germany Verlag DAS BESTE GmbH and its subsidiaries in Germany, Austria and Switzerland to CIL Inversiones, S.L.
  • Xella: Transaction tax advice to Xella, a leading building materials company headquartered in Germany, and the Management Team on the sale of Xella to Lone Star; subsequently tax advice in connection with a management participation program.

Representative matters providing general corporate, structuring and finance related tax advice include:

  • Celanese Corporation: Major refinancing and restructuring transactions.
  • Eurazeo in connection with the financing of the acquisition of MAI Group by AUCTUS.
  • Giesecke+Devrient: Issuance of a €200 m loan note.
  • ICAP Securities: Advice world largest interdealer broker in a tax litigation matter (cum/ex securities transactions) against Unicredit.

Representative matters providing real estate related tax advise include:

  • Ascott Group: Tax structure and acquisition of new hotel development project; proposed acquisition of two operating hotels; tax advice, restructuring and exit scenarios.
  • CTF Hotels and Resorts: Sale of hotel property to the Marriott Group and the restructuring of the German operations of CTF.
  • FFA Real Estate: Tax advice on the construction, management and sale of real estate portfolios and retail properties in Germany.
  • U.S.-based real estate opportunity fund:
    • Restructuring of investment in hotel platform;
    • Mezzanine financing for a historical mall in Munich;
    • Structuring and financing of German real estate portfolios;
    • International tax structure for an investment in Swiss real estate;
    • German and international tax planning for a portfolio of six German commercial real estate properties and a Swiss commercial property with a total value in excess of €150 m;
    • Successful refinancing of an €80 million portfolio of property and tax-free repatriation of the financing proceeds (representing a return of equity and substantial proceeds in excess of equity);
    • International tax structuring for the acquisition of German real estate projects in Hamburg and Frankfurt;
    • International tax structuring for the acquisition of a large office building in Frankfurt.

Representative matters providing tax disclosure advice include:

  • Swiss bank: Advice on the implementation of FATCA and a tax disclosure program initiated by the US Department of Justice;
  • US Technology Company: Conducting an internal investigation followed by a tax disclosure in Germany.

 

EDUCATION

University of Erlangen-Nuremberg - 1998 Dr. jur.

University of Erlangen-Nuremberg - 1993 Law Degree

ADMISSIONS

Germany - Rechtsanwalt

RECENT PUBLICATIONS

Client Alert - December 1, 2022 | Proposed U.S. Foreign Tax Credit Rules Provide Relief for Certain Taxpayers and Ideas for Others
Firm News - June 24, 2022 | Best Lawyers in Germany 2023 Recognizes 26 Gibson Dunn Attorneys
Client Alert - January 13, 2022 | 2021 Year-End German Law Update
Firm News - July 1, 2021 | Best Lawyers in Germany 2022 Recognizes 25 Gibson Dunn Attorneys
Client Alert - June 28, 2021 | Zum Anpassungsbedarf bei Gewinnabführungsverträgen
Client Alert - June 16, 2021 | German Transparency Register on Beneficial Ownership: New Filing Requirements for German Corporations and Foreign Entities Directly or Indirectly Acquiring German Real Estate
Client Alert - January 14, 2021 | 2020 Year-End German Law Update
Firm News - June 26, 2020 | Best Lawyers in Germany 2021 Recognizes 19 Gibson Dunn Attorneys
Client Alert - March 27, 2020 | Coronavirus: EU Economic and Fiscal Measures
Client Alert - January 10, 2020 | 2019 Year-End German Law Update
Firm News - June 28, 2019 | Best Lawyers in Germany 2020 Recognizes 14 Gibson Dunn Attorneys
Client Alert - January 11, 2019 | 2018 Year-End German Law Update
Firm News - June 22, 2018 | Best Lawyers 2019 Recognizes 12 German Partners
Client Alert - January 7, 2018 | 2017 Year-End German Law Update
Client Alert - February 2, 2017 | Update on German Taxation Developments Regarding Management Equity Programs
Client Alert - January 13, 2017 | 2016 Year-End German Law Update
Article - March 3, 2016 | Further Guidance Welcome – Recent German Taxation: Developments Regarding Management Equity Programs
Client Alert - January 8, 2016 | 2015 Year-End German Law Update
Client Alert - September 2, 2015 | Recent German Taxation Developments Regarding Management Equity Programs
Article - June 11, 2015 | The OECD common reporting standard (CRS): FATCA is going global
Client Alert - March 3, 2015 | Herausforderungen und Compliance-Risiken für Finanzinstitute durch den neuen OECD Common Reporting Standard (CRS) (German language)
Client Alert - January 9, 2015 | 2014 Year-End German Law Update
Client Alert - July 22, 2014 | Real Estate and Tax Practice News – Sommer 2014 (German language)
Client Alert - January 15, 2014 | 2013 Year-End German Law Update
Webcasts - December 2, 2013 | Webcast – Munich Practice Academy Corporate / M&A
Client Alert - July 22, 2013 | Germany Adopts Capital Investment Act (KAGB) to Implement the European AIFM Directive
Client Alert - January 10, 2013 | 2012 Year-End German Law Update
Client Alert - January 10, 2012 | 2011 Year-End German Law Update
Client Alert - January 14, 2011 | 2010 Year-End German Law Update
Client Alert - July 7, 2010 | Tauschgeschäfte bei Immobiliengesellschaften
Client Alert - October 1, 2008 | Double Taxation of Profits from a Hybrid US LLC
Client Alert - July 11, 2007 | The German Tax Reform 2008 — Impact on Leveraged Transactions
Client Alert - March 30, 2007 | German Parliament Passes Public REIT Introduction Act
Client Alert - March 1, 2007 | REIT-Modelle im Vergleich (Comparing REIT Models)
Client Alert - February 1, 2007 | A Reit Map: The regional idiosyncrasies of real estate investment trusts
Client Alert - December 1, 2006 | Real Estate Private Equity – Taxation for Foreign Investors
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