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Eszter Kálmán

Senior Counsel and Head of Tax

CMS Cameron McKenna Nabarro Olswang LLP
Hungarian Branch Office
YBL Palace
Károlyi utca 12
1053 Budapest
Hungary
Languages Hungarian, English, French

Eszter Kálmán is Senior Counsel and Head of the Tax Practice at CMS Budapest, with 20 years’ experience in tax law.

Eszter has extensive experience in VAT issues and tax driven corporate restructurings. She has been advising major domestic and international clients on various tax issues including mergers and acquisitions, tax structuring projects, VAT disputes, transfer pricing, state subsidy issues as well as day-to-day compliance issues. She represents clients in several tax litigation cases, especially in the field of VAT.

She is an active member of the European VAT Club, an association of independent VAT specialists. In addition to being a member of the Budapest Bar, Eszter is also a registered tax advisor.

Eszter is recommended by Chambers and Legal 500 in the Tax category.

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"Eszter Kálmán’s knowledge of tax law is unique in the Hungarian legal market, but she also excels in providing and communicating comprehensive, in-depth analyses and solutions to problems."

Legal 500, 2023

"Eszter always provides high-quality advice and we rely heavily on her expertise. She is very commercially-minded and understands the complexity of risk management. She is also well aware of how and when to approach the tax authorities."

Legal 500, 2022

"She was outstanding in providing legal advice as required – seems to have a good understanding of both the economy in general and the market in question."

Legal 500, 2022

"A high-profile taxation lawyer with an exceptionally helpful attitude."

Chambers Europe 2022

"She is responsive and stands up under pressure."

Chambers, 2021

"Sources describe department head Eszter Kálmán as "very experienced tax lawyer" and to be a "very smart practitioner"."

Chambers, 2020

"Eszter Kálmán is positive, responsive and always available at short notice."

Legal 500, 2020

Relevant experience

  • A major German OEM company on tax and state subsidy matters regarding its greenfield investment in Hungary worth over EUR 1bn.
  • SRF on the construction of its greenfield manufacturing plant including tax and state subsidy advice.
  • Goodman on the development of the largest, multi-billion-forint greenfield logistics facility in Hungary, regarding VAT and transfer tax matters arising on selling its entire Hungarian portfolio.
  • Liberty Global on the sale of its Hungarian operations to Vodafone, worth EUR 18.4bn. Tax contribution included a review and discussion of a tax disclosure document and tax warranties.
  • Hypo Noe Landesbank AG on the reorganisation of its business model regarding cross-border banking services in Hungary. Tax assistance comprised of analysing the tax status of the Hungarian representative under Hungarian and international taxation rules.
  • A subsidiary of an Irish airline company on the reorganisation of its CEE operations. Tax advice consisted of structuring how to employ tax staff and prepare tax models for the pilots. Our mandate continued with tax advice on the Government’s COVID-19 related measures for the aviation sector and their applicability to the client.
  • A multinational energy corporation in a cross-border gas repo transaction over storage gas where the actual natural gas was stored in a customs warehouse in Hungary and in other eligible facilities in the Czech Republic and Slovakia. Tax assistance covered advising on specific VAT issues relating to certain gas trading scenarios.
  • A major renewable energy company on the planned acquisition of a PV project portfolio which includes a 20 MW project, at an early development phase, located in west Hungary, including a due diligence report covering a corporate and tax review of the SPV and legal work regarding the joint development agreement.
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Memberships & Roles

  • Member, Budapest Bar Associations
  • Member, The European VAT Club
  • Member, IFA
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Publications

  • EKÁER’s grace period has been extended (article in Hungarian) – Napi Gazdaság
  • The “Tóth”-case (summary and comments)-Highlights & Insights on European Taxation
  • The “Klub OOD” case (summary and comments)-Highlights & Insights on European Taxation
  • The “Mecsek Gabona” case (summary and comments)-Highlights & Insights on European Taxation
  • The “Pannon-Gép” case (summary and comments)-Highlights & Insights on European Taxation
  • The “Commission vs France and Luxembourg cases re e-books” (summary and comments)-Highlights & Insights on European Taxation
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Education

  • 2018 - Postgraduate degree in Economics, University of Corvinus, Budapest, Hungary
  • 1999 - Doctor of Law, Eötvös Loránd University, Budapest
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Expertise

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13/03/2024
Crypto Tax Legislation & Law in Hungary
1. Is there a specific legislation issued for the taxation of crypto-assets or do general national tax law principles apply because the tax legislator has not regulated this so far? Yes, Hungary introduced...
Comparable
26/01/2024
CMS Expert Guide to Mastering OECD's Pillar Two in Hungary
1. Has there been a formal indication of the intention to implement Pillar Two/GloBE rules? Yes. 2. What is the implementation status of Pillar Two/GloBE rules? 30 November 2023: Act LXXXIV of 2023 on...
Comparable
13/12/2023
CMS Expert Guide to Stock option grants in Hungary
1. Can a company issue stock op­tions/re­stric­ted units in your jurisdiction?. Yes.  2. If yes, is it a common practice to issue stock op­tions/re­stric­ted units in your jurisdiction? No. Hungarian individuals...
Comparable
26/07/2023
Termination of the US-Hungary double tax treaty – time is growing short...
Fast action is crucial as it becomes clear that Hungary will no longer have a double taxation treaty with the US from 1 January 2024. The assessment of each taxpayers’ situation with US and Hungary...
03/05/2023
Real estate transaction costs and taxes in Hungary
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost Time-based cost plus out-of pocket expenses (e.g. administrative fees, copies). VAT 27% 1.2 Utility search (each service)...
20/04/2023
Solvent restructuring
Banking law con­sid­er­a­tions:Leg­al frame­workRe­struc­tur­ing Dir­ect­iveRecom­mend­a­tions from the Hungarian National Bank (MNB)Corporate and tax law aspects, in­clud­ing:Short­fall capital replacement options in...
22/06/2022
Hungary introduces extra taxes on banking and insurance sectors
On 4 June 2022, the Hungarian government adopted a new government decree introducing sector-specific taxes for companies viewed by the government as generating "extra profits" in the current adverse economic...
15/06/2022
Hungary introduces 65% extra profit tax on renewable projects leaving KÁT/METÁR...
On 4 June 2022, the Hungarian government adopted a new government decree introducing sector-specific taxes to companies viewed by the government as generating "extra profits" in the current adverse economic...
27/05/2022
Hungary introduces sector specific taxes to companies generating "extra...
On 25 and 26 May, the recently re-elected Hungarian government announced new sector specific taxes for 2022 and 2023 as a response to difficulties caused by the war in Ukraine and the increased prices...
06/12/2021
Climate change taxation reforms and incentives in Hungary
1. Has your country ratified the Paris Agreement?  Yes. 2. Has your country introduced environmental taxes? 2.1 Energy taxes Yes, when any energy products are offered for sale, sold or used as motor...
29/10/2021
Trends and new VAT rules in EU e-commerce
This webinar is one of a series of accreditation conferences approved by the Hungarian Bar Association as part of the new compulsory accreditation system in Hungary.  Trends and new VAT rules in EU e-commerce ...
19/10/2021
The ECJ once again ruled in favour of Boehringer, opening up the possibility...
The Hungarian state unlawfully collected a sizeable amount of VAT from pharmaceutical companies ruled the European Court of Justice (ECJ) in a recent preliminary ruling procedure, initiated by Boehringer...