Davinia Rogel

Davinia Rogel

Associate
Baker & McKenzie Barcelona S.L.P.

Biography

Davinia Rogel is a Legal Director in the Tax Practice of Baker McKenzie's Barcelona office and she has 15 years of extensive experience. She is a versatile tax practitioner with wide experience as well in the Wealth Management and Transfer Pricing areas. Further to the above, Davinia is currently leading the Tax Disputes Resolution practice in Barcelona. She is recognized in the market for her extensive practical experience in complex tax audits and leading cases.

She is the author of several articles and a regular speaker at conferences and seminars on transfer pricing and business restructurings. She holds two university degrees, one in Law and the other in Economics as well as an LLM on Taxes.

Practice Focus

Davinia is experienced in Tax Disputes Resolutions with exceptional knowledge in Transfer Pricing and Wealth Management. She has extensive experience in tax audits and subsequent litigations, both nationally -with positive experience in appeals before the Supreme Court and even the Constitutional Court- and internationally (MAPs).

Regarding Transfer Pricing, she is both a lawyer and an economist and she has extensive experience in dispute resolutions with the Tax Authorities and has particular prowess in Permanent Establishment and transfer pricing issues. In this area, the main focus of her activity is: developing cost allocation and cost sharing agreements; advising on transfer pricing relating to intellectual property structures; conducting transfer pricing and benchmarking studies in a range of industries, such as pharmaceuticals, financial services, retail, etc.; structuring the conditions and setting transfer prices for financing take-overs; supporting Advance Pricing Agreements and Mutual Agreement Procedures negotiations; and providing assistance in global transfer pricing risk management and advice on national and cross-border transfer pricing audits.

In the Wealth Management field, she has extensive experience in restructuring operations of family businesses, subsequently monitoring the day-to-day life of families and their taxes, assisting clients in planning and protecting their futures. She works closely with investment advisors, accountants, pension consultants, life underwriters and banking representatives to develop comprehensive wealth plans and has been able to acquire an in-depth knowledge of wealthy families. Davinia has liaised with several well-known wealth families, family business and well paid executives in order to protect their assets and optimize their structure for tax planning purposes. She has become in a trusted advisor in the wealth management field. Davinia has also implemented sophisticated structures in Spain for foreign investors offering attractive solutions for the investments and delivering tax efficient solutions for after-tax wealth preservations and performance.

Professional Honors

  • Best Transfer Pricing Team in Spain, International Tax Review (2011, 2013, 2014 and 2017)

Corporate Responsibility

From the beginning, we in Baker McKenzie have participated in different Corporate Social Responsibility programs. The most recent, coinciding with our 25th anniversary in Barcelona, is the pro bono advice agreement with the Sant Joan de Déu Charitable Organization.

Admissions

  • Barcelona~Spain (2010)

Education

  • Barcelona Autonomous University (Law) (2010)
  • Barcelona Autonomous University (Business Administration) (2010)
  • ESADE Law School (LLM Tax)

Languages

  • Catalan
  • English
  • French
  • Spanish

Regular contributor to Baker McKenzie publications (Apuntes de Actualidad, European Tax Newsletter)

Davinia regularly speaks at seminars and events. She is a regular speaker at EMEA + calls related to TDR, TP and WM, explaining cases where she has participated and case law and experiences to consider.

She also constantly participate in Firm's seminars and webinars.

Davinia writes many articles and contributes thought-leadership on various subject matter published internally and externally:

  • Co-author, "Spain: Tax refunds available for European Union hedge funds", Lexology, 27 April 2023
  • Author, "Spain: Personal Income Tax - Supreme Court allows application of the exemption for work abroad to directors' income", Lexology, 5 September 2022
  • Co-author, "The Spanish Supreme Court allows the consideration of financial assets as held for the purpose of family business activity", Lexology, 17 May 2022
  • Co-author, "Spain gives in to "Tobin Tax" and approves Financial Transaction Tax", Lexology, 30 October 2020
  • Co-author, “Employee Benefits within the Financial Services Industry: Balancing COVID-19 Relief with EU Remuneration Rules”, Lexology, 6 May 2020
  • Co-author, “OECD Guidance on Financial Transactions”, Lexology, 6 March 2020