Taxation

Our Tax Department offers its expertise in three important areas: (i) opinions, counseling and consultations on tax matters, (ii) strategic tax planning, and (iii) administrative and judicial remedies.

We issue opinions in connection with any matters concerning national, state and municipal taxes, as our clients may require; such as the interpretation and application of, and benefits under, international treaties, customs duties and their special regimes, levies, income tax, business assets tax, luxury and wholesale tax, estate tax, gifts tax, and other related branches tax, industry and business license tax and urban real property tax, among others.

We advise our clients on all matters concerning compliance of their formal tax duties, and in particular, the preparation of their income tax returns and withholding forms, as well as on matters of tax benefits and payment of taxes. We file applications for tax benefits in connection with the luxury and wholesale tax. In conjunction with our Labor Department, we offer legal assistance in connection with the payment of parafiscal contributions payable by employer and employees, such as social security, job training system, housing policy and unemployment insurance, among others. We prepare and submit tax consultations addressed to the various Tax Administration bodies, in order to obtain clarification or confirmation of their criteria on specific matters, with a view to minimizing any potential tax exposure and avoid penalties and contradictory decisions.

Working in coordination with our Civil and Corporate Law Department and our Labor Department, as well as with our clients’ auditors, we study and design efficient organizational structures adapting to their specific needs, with a view to deferring, minimizing or eliminating the overall tax impact of a particular transaction or group of transactions. We collaborate directly in any due diligence and merger and acquisition processes in which our clients may have an interest as buyers, sellers or members of joint ventures, partnerships or strategic associations.

In collaboration with the Constitutional and Administrative Law Department, we prepare and file administrative and judicial remedies, including constitutional remedies, in connection with any tax assessment, adjustment, penalty, decision or action. We also bring actions for annulment on grounds of unconstitutionality or illegality of tax decisions and rules. The Department is continuously updating on rulings issued by the Tax Administration as well as on judgments rendered by the Superior Tax Courts and the Supreme Tribunal of Justice.