Finanzkapital
Taxation
  • Practice
  • Experience

In the area of taxes, our law firm offers consultation services on direct and indirect taxes, as well as on domestic and foreign taxes.  We also give advice on the tax treatment of remunerations and labor benefits and on action plans for domiciled and non-domiciled workers.  We carry out tax and legal planning aimed at improving the efficiency of corporate and tax organization.

We also offer the legal assistance needed for tax inspections and for adversarial and non-adversarial proceedings conducted before the corresponding administrative bodies and the tax court and for adversarial administrative proceedings in the legal system.

We perform due diligence of tax obligations in the case of company acquisitions, tax compliance reviews for clients with the agreed periodicity (monthly, quarterly, and so forth) and tax diagnoses of specific aspects.

Our tax area has wide experience in company acquisitions in Peru and abroad and on corporate and company group reorganizations, providing counseling on complex financing contracts and EPC and EPCM contracts for major projects.

Our tax experts have worked in both the public and private sectors.  As a result, they are experienced in different tax matters, giving us a broader outlook in the interpretation and application of tax laws and standards.

We also work with a team of accountants with experience in tax matters, who offer an important complementary element to the provision of certain services like reviews and planning.

  • Design and review of the acquisition structure of 100% of a cement company in Chile belonging to the French Lafarge Group, by the Brescia Group.
  • Design of the tax structure for the acquisition of two Colombian companies and one Venezuelan firm by Peruvian SOLDEXA.
  • Counseling of PECSA (one of Peru’s largest wholesale and retail fuel distributors) on the reorganization of the company and its subsidiaries in order to arrive at a more functional and efficient organization from the tax viewpoint.
  • Review of the tax aspects of the acquisition by DWM Funds S.C.A.-SICAV SIF (Luxembourg investment fund managed by Developing World Markets) of a minority shareholding in the EDPYME (institution for the development of small and medium companies), Crear.
  • Design of the tax structure for the sale of A. Serviban S.A. (Western Union representative in Peru).
  • Counseling of Southern Peru Copper Corporation on the tax-related aspects of the negotiation of EPC agreements for construction of the mine and leaching plant for the Tía María Project, representing an investment in excess of some US$ 900,000 M[1].
  • Due Diligence and counseling on the tax-related aspects of acquiring the Crear Finance Company.  The operation amounted to US$ 63,000 M.
  • The tax planning for Southern Peru Copper Corporation of the acquisition and installation of a hydroelectric power plant.  This project represented an investment of over US$ 240,000 M.
  • Tax counseling of SN Power – Empresa de Generación Eléctrica Cheves in the negotiation of agreements for the design and construction of a 168.2 MW hydroelectric power plant.  The investment amounted to US$ 308,000 M.
  • Tax counseling of Fénix Power Perú in the negotiation of an EPCM agreement for the construction of a 597 MW thermoelectric power station.  A total of US$ 636,000 M were invested in this project.
  • Counseling of consorcio transmantaro on the tax-related aspects of the financing of the 500 kV Zapallal-Trujillo transmission line, at a total cost of US$ 230,000 M. The structured finance transaction involved the use of a management trust as a special purpose vehicle (SPV), which received the rights and obligations of the concession BOOT agreement and secured a syndicated loan from two banks, a local one and a Colombian bank.  This operation was the first of its kind to be carried out in Peru and the only one to use a trust as an SPV for a project’s execution and financing.
  • Counseling of Consorcio Transmantaro for the signing of four investment agreements with the Peruvian government for an advance sales tax refund.  The committed investment was US$ 150,000 M.
  • Counseling of Fenix Power Peru for the signing of an investment agreement with the Peruvian government for an advance sales tax refund.  The amount of the committed investment was US$ 636,000 M.
  • Counseling of Southern Perú Copper Corporation in the acquisition of the majority shareholding in an Ecuadorean company owning a mining concession that contained promising copper reserves.  The initial committed investment was US$ 10,000 M.
  • Counseling of Empresa de Generación Cheves for the signing of an investment contract with the Peruvian government for an advance sales tax refund.  The committed investment amounted to US$ 309,000 M.

[1]equivalent in the United States to US$900 B (billion)

© Santivañez Abogados
Lima
República de Panamá 3461 Of. 901
San isidro Lima 15046 Perú
t. +51 (1) 202 8000
f. +51 (1) 202 8017
Piura
Los Tamarindos 274 Urb. 4 de Enero
Piura - Piura
t. +51 (73) 32 6994
f. +51 (73) 31 3192
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