sestdiena, 2022. gada 12. februāris

Tax Stories E7 - Guglielmo Maisto (Maisto e Associati) - Keys to success


Constant personal growth

Professor Maisto even now when seemingly he has achieved everything in his life continues to learn. He tries to get his pilot license. And that probably is a fair description of such great minds – they never stop learning. Mr. Maisto likes them both - the practice and academic work, perhaps  he feels  a bit more more as a practitioner rather than academic, because the the problem solving ability comes to light more easily meaning that you see more easily the practical outcome of your work. Mr. Maisto suggests to start a career with a broader view, like he did with the initial studies of European and anti-trust law.

A special recognition by Amsterdam

An award by the mayor of Amsterdam to Mr. Maisto highlights his contribution towards the International Bureau of Fiscal Documentation and the importance of the organisation to the city. 

Motivation still to be very active

He likes to be informed about most of the firm’s cases, but if he needs to pick the most interesting ones then he likes to be involved in tax audits, especially on international aspects, and tax litigation, of course, including the EU Court of Justice. Also meeting many different people, also celebrities, make the profession of a tax lawyer attractive. 

Keys to success of the firm

As of 1991 when the professor established the firm together with three other partners they were betting on a natural growth – carefully selected home-grown talents that eventually become partners. Also it’s important to have a good mix of practitioners and academics on board of the firm. The firm has so called applied university where they do the research that is eventually applied in practice. The firm also has an internal tax academy from May to November for 15 students taught (whole Friday and ½ Saturday) by all the firm members. The firm also has bi-weekly internal meetings on EU tax, tax treaties, M&A, VAT, and local tax. 

Two weaknesses of the tax system

In the first instance courts judges are dealing with tax only part time. By the way, on average Italian tax cases are heard for 10 years through all the court instances, and over ½ million tax cases are pending to be heard at the 1st instance courts. Professor Maisto also praises the systems where in court hearings all the case aspects are discussed in depth. Now in Europe a good change is a possibility of an arbitration on international tax treaties thus avoiding the local litigation. 

Story of creativity in tax practice 

Perhaps a learning for Latvia (and maybe other systems) from the Italian litigation system could be that in tax litigation there is an attorney general who also provides an independent opinion, like in the EU Court of Justice. The role of this position is also reflected in the tax story picked up by Mr. Maisto on how he in a creative way got around a provision in the law strictly stating the roles of persons in court hearings. 

Keys to success of a life

In the professor’s view you have to be strict to your duties, work that you love and are passionate about and only then enjoy your life. Because passion and love are the keys to success of a person and of a life. Only then when you enjoy the life you can feel more comfortable with yourself. However, for younger generation he suggests to be less strict in observing this rule, in order to develop ideas and hobbies. 

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