Internationalization and foreign trade: the importance of legal support and the strength of the network

By Alfio Mancani
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In the processes of internationalization of companies, as well as in the identification of new markets in which to market products or services, the identification of the vehicle is of fundamental importance “the will be the protagonist of internationalization or trade in the country identified by entrepreneur. By “vehicle”, informally, we mean the legal form that must be adopted for a specific project or purpose. This identification is of fundamental importance, at least for two aspects: from a legal-fiscal point of view, it is essential to choose the legal form that best suits the needs of the customer and the particularity of the foreign country where you will be operating; from a business point of view, some forms find greater appeal among potential customers or suppliers in the foreign country (for example, in my professional experience in Poland, the form of the limited liability company under Polish law has this characteristic, easily because the commercial partner or the Polish collaborator can have a full understanding of both the corporate structure and the financial data, since all this information is easily available on the internet). Once the form has been identified, it is also very important to know how to orient oneself in the legal system of a country, also in relation to questions that appear not to be of primary importance. Specifically, the subject of prescription comes to mind, an institution existing in most legal systems, however, it has peculiar characteristics according to the legislative system. In some systems (such as the Italian one), a formal notice is sufficient for the interruption of the prescription, in others (such as the German one) it is instead necessary to bring an action before a judicial authority.In corporate tax the upper cap for development reserve will be abolished, the rate of small enterprise tax will be decreased. As a significant change, the local business tax returns will have to be submitted to the Tax Authority instead of the local municipalities. Data reporting, tax report and registration forms are also going to be standardized as well.

The local business tax is reduced to 1% for small- and medium-sized enterprises and sole proprietors in 2021. The rules of local business tax base allocation will change. Temporary business activity will not subject to local business tax.

Still on the subject of limitation, by way of example, in Italy the limitation period in the case of trade receivables is 10 years, in Poland 1 or 3 depending on the case. It is well understood how “cross-border” legal support, both at the time of setting up the vehicle and during the exercise of the entrepreneurial activity, is of fundamental importance not only for the success, but also for the survival of the company.

In addition, entrepreneurs who operate abroad are often present or operating in different countries. This involves the emergence of a need or request for legal support even in third countries and, for this reason, the harmonization of work with other colleagues becomes essential in order to support the client in a coordinated and complete manner. In this context, the network and its strength represent the means with which to interface and work with colleagues operating in different countries who share the same values ​​and the same approach to the customer. The purpose of the network is to ensure the same level of consultancy in the most diverse countries as well as to act as a catalyst to be able to accelerate or facilitate the development and structuring processes of the client abroad.

In conclusion, belonging to the group of lawyers of the Horizon Consulting network offers the possibility of both human and professional growth, facilitating relationships with colleagues in 13 countries who often inspire solutions and approaches that, in a different context, would not be never been nor thought of, nor implemented. Furthermore, the drafting of our new periodical will undoubtedly constitute a further opportunity for both knowledge and the possibility of exchanging new ideas and solutions.


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