Dr. Bodo Bender

Partner, Frankfurt

Biography

Overview

Bodo Bender is the Co-head of the EMEA Tax Practice. He advises domestic and multinational clients with a strong focus on cross-border tax planning and the structuring and negotiation of complex M&A transactions, joint ventures and restructurings as well as the planning and implementation of post-merger integration measures.

Clients value Bodo's ability to devise clear, user-friendly and robust solutions to complex tax issues by effectively coordinating detailed technical advice from multiple jurisdictions.

Bodo has a long year experience in the structuring and implementation of acquisition financings as well as in successfully representing clients on internal and external investigations, audits and tax controversies. He has also structured and implemented various share offerings and other incentive schemes for executives and employees.

He has authored numerous articles on European tax law and is an active member of the International Fiscal Association.

Bars and Courts
Rechtsanwalt
Education
Dr jur
Julius-Maximilians-University Würzburg
Second State Exam
Higher Regional Court of Bamberg
First State Exam
Julius-Maximilians-University Würzburg
Languages
German
English

Experience

Equens SE, 2015
Advising Equens SE, one of the largest payment service providers in Europe, on a strategic business combination with the European market leader in payment and transactional services, Worldline SA.

ACP Allianz Capital Partners and others, 2015
Advising an international syndicate consisting of Allianz Capital Partners, Borealis Infrastructure Management Inc., Infinity Investments SA and MEAG, the asset management arm of Münchener Rück, on its acquisition of Autobahn Tank & Rast GmbH, the German autobahn services company.

Greenbrier, formation of global joint venture with Astra Rail Management, 2016
Advising US-listed The Greenbrier Companies, Inc. (Greenbrier) on a joint venture with Astra Rail Management GmbH (Astra Rail).

Battery Ventures, 2015
Advising the private equity investor Battery Ventures, the private equity and venture capital investor, on its sale of Trust Group to NASDAQ-listed Sabre Corporation.

IK Investment Partners, 2016
Advising the private equity investor IK Investment Partners on the acquisition of ZytoService Group (ZytoService) from its founders and capiton AG.

Ardian (formerly Axa Private Equity), 2016
Advising the private equity investor Ardian on the acquisition of a majority stake in SCHWIND eye-tech-solutions GmbH & Co. KG.

Qatar Investment Authority
Advising Qatar Investment Authority (QIA) on its acquisition of shares in Volkswagen and Porsche and the sale of seven million shares, its entire ten percent stake, in HOCHTIEF Aktiengesellschaft, to institutional investors through an accelerated book-building.

Tractebel Engineering (GDF SUEZ), 2014
Advising GDF SUEZ subsidiary and leading engineering company Tractebel Engineering on the acquisition of Germany-based Lahmeyer, specializing in energy and water infrastructure.

Clariant's sale of its leather services business, 2013
Bodo advised Clariant, the Swiss world leader in specialty chemicals, on the sale of its Leather Services business to Stahl, a chemicals group based in the Netherlands. This pan-European project, led by White & Case's Frankfurt team, involved due-diligence investigation from lawyers from the Firm's offices in China, France, Mexico, Singapore, Spain and the United States. As a result of the deal, Clariant, a company listed on the Zurich stock exchange, received 23 percent of the shares in Stahl and a cash payment of approximately CHF 85 million (€69 million).

Scholz Holding, 2016
Advising creditors on the financial restructuring of German based Scholz Holding.

Publications

"Equalization Tax for Digital Added Value – Another Round in the Global Tax Competition?" (Ausgleichsteuer für digitale Wertschöpfung – Eine neue Runde im globalen Steuerwettbewerb?), Betriebs-Berater, issue 39, 2017, dated September 25, 2017

"Limitation of Corporate Loss Carryforward Affecting Only Particular Share Transfers Declared Unconstitutional", White & Case, May 2017

"New Law to Close Patent Box Loopholes", Tax Planning International Review, issue 05/17, pages 2-5, Bloomberg BNA, May 2017

"Auf Wiedersehen to the tax privilege on restructuring gains – a blow to the German restructuring tool kit", White & Case, March 2017

"Ten things to consider when you do a leveraged finance deal in Germany", White & Case, February 2017

"Managing The Changing Tax Landscape: The OECD's BEPS Recommendations Will Impact Every Multinational", White & Case, October 2015

Transformation Tax Act § 21 (UmwStG § 21), Umwandlungsrecht – Gesellschaftsrecht | Steuerrecht | Verfahrensrecht, Ed. Lars Böttcher, Oliver Habighorst and Christian Schulte, Baden-Baden, 2015

"Germany", Planning and Administration of Offshore and Onshore Trust, Ed. Simon Jennings, Joseph Field, Anthony Travers, London, Loose Leaf System, 2014 (with Markus Althoff)

"Justification of disproportionate profit distributions through by-laws overriding shareholder resolutions" (Satzungsdurchbrechende Beschlüsse als Grundlage der steuerlichen Anerkennung inkongruenter Gewinnausschüttungen), DStR, Issue 4, Pages 121-126, 2014 (with Tim Bracksiek)

"Tax authorities face large refund claims – ECJ: Germany's taxation of foreign shareholders' dividends violates the principle of free movement of capital" (Steuerbehörden drohen hohe Rückforderungen – EuGH: Deutsche Dividendenbesteuerung ausländischer Anteilseigner verstößt gegen die Kapitalverkehrsfreiheit), Börsen-Zeitung, Issue 206, Page 2 et seqq., 2011

Awards and Recognition

Leading Individual, Chambers Europe 2018 – Germany
Tax

Highly Recommended Lawyer: Tax Law, Best Lawyers/Handelsblatt, 2016