Highly regarded for its ‘in-depth knowledge' of both contentious and non-contentious tax matters, Lexvalor Abogados acts for an array of domestic and international clients and enjoys a particularly strong presence in the pharmaceutical, technology, hospitality and insurance sectors. In doing so, the firm often appears opposite the Ecuadorian Internal Revenue Service (SRI), relevant municipal governments and the national customs administration. On the non-contentious side, the practice handles transfer pricing, inheritance planning, and investment agreements, among other advisory and structuring matters. The department is led by Carlos Coronel, who handles tax advisory and tax controversies (both judicial and administrative). He is flanked by fellow partners Pablo Arias Aizaga (tax consulting and tax disputes) and María Gabriela Uquillas (head of the firm's international trade and customs practice), both of whom have over 15 years' experience in the sector. At associate level, Víctor Chiriboga is the name to note; his practice is centred on corporate advisory and tax planning, along with tax procedural matters.
Tax in Ecuador
Lexvalor Abogados
Practice head(s):
Carlos Coronel; María Gabriela Uquillas
Testimonials
‘The Lexvalor team has in-depth knowledge of the reforms that have been introduced into the law, as well as warning in advance of possible regulatory changes within the country that allow establishing business strategies with a long-term vision. In-depth knowledge of tax matters allows decisions to be made when starting new businesses.’
‘Academic and professional preparation. The contact with different government entities is always under strict compliance with ethical standards.’
‘Carlos Coronel is a highly trained lawyer, his knowledge of the matter is exceptional, he is a trustworthy person who is well known in the field.’
‘Very good team, efficient. It compares very favorably in relation to other firms in tax matters in Ecuador. The most characteristic is the level of specialization of its lawyers.’
‘Knowledge of the local market, ability to manage favorable contacts for the client’s business. The most outstanding partner in this matter is Carlos Coronel.’
‘A strongly consolidated team, with high expertise, specialist in various law subjects, always find solutions to cases. Compared with other firms, the attention and solutions are effective and timely.’
‘Carlos Coronel is frontal and direct, dominates the jurisprudence, honest and loyal. Pablo arias: front and direct, dominates legal doctrine and tax law, honest, loyal and charismatic.’
Key clients
Saludsa
Marcimex
Grupo Indurama
Acerias Nacionales del Ecuador
DirecTV
Primax Comercial del Ecuador
Productos Avon Ecuador
Corporación Favorita
Attenza Df Ecuador
Cervecería Nacional
Superdeporte
Banco Internacional
Grupo Futuro
Etica Empresa Turística Internacional
KFC
Casabaca
Uber
Hapag-Lloyd
Productos Familia Sancela Del Ecuador
Work highlights
- Advised and sponsored Productos Avon Ecuador in four contentious tax processes for differences in the value declared by the taxpayer in the importation of merchandise.
- Represented Cervecería Nacional in a judicial process against the SRI, obtaining a favourable result for the company.
- Obtained a ruling in a judicial case on behalf of Banco Internacional that resolved the return of more than $2m of unduly paid amounts.
Pérez Bustamante & Ponce
Pérez Bustamante & Ponce remains one of the leading practices in the Ecuadorian tax space, with a client list that features a range of prominent multinational companies including Sony, Unilever, and General Motors. The department is led by Juan Gabriel Reyes who is recommended for his expertise in tax planning and structuring matters, and also handles tax controversies. Recent highlights saw Reyes working in conjunction with Juan Francisco Carrasco to secure Quiport’s right to seek an income tax exemption despite the SRI’s objections; the case was won in a series of district and national court decisions. Carrasco also has a particular niche in telecoms-related tax matters which saw the pair team up to successfully represent Otecel in a judicial action challenging a $9.2m income tax assessment for fiscal year 2016. Rounding out the partner-level team is tax, customs and international trade specialist Carmen Simone-Lasso; she has particular expertise in both tax and customs litigation and a focus on investments and international trade matters relating to the automotive sector; her recent mandates include advising Cervecería Nacional in the largest investment project by a company in Ecuador’s food and beverage industry. Key associate support comes from practice directors Nicolás Maldonado-Zambrano and Alejandro Páez-Vallejo (an October 2022 promotion), and senior Jeannette Jarrin-Sevilla.
Practice head(s):
Juan Gabriel Reyes
Testimonials
‘PBP is a firm with extensive experience in Ecuador, it has a multidisciplinary team specialized in various legal, accounting and tax issues that allow it to provide advice to companies with a global vision that allows identifying risks and opportunities in business decisions. Communication with it is open and allows for an ongoing relationship.’
‘The plus is the experience of the lawyers and the relationship with the client, there is continuous support regarding the company’s requirements.’
‘Very good team. Always available to solve customer concerns and with great technical knowledge.’
‘The lawyers know the needs of the client and maintain a close relationship with them. They are always available and give quick and accurate answers.’
‘PBP is a benchmark in the region in tax matters. Extensive management of local regulations contributes to the agility that the business requires to implement commercial initiatives and projects.’
‘Knowledge and immediate and direct collaboration.’
‘PBP has a broad and deep knowledge in tax, which makes us feel peaceful in all issues under its management. They are collaborators and apply themselves to the case to be solved.’
Key clients
Corporación Quiport
Consorcio Petrolero Bloque Tivacuno
Otecel
Liberty Seguros
Sika Ecuatoriana
Naporte
Unicomer
Unilever Ecuador
AC Bebidas
Cerveceria Nacional
Work highlights
- Represented Quiport in connection with the right to apply for an income tax exemption as provided by the Free Trade Zone and guaranteed by the Investment Protection Agreement executed by the company and its shareholders.
- Negotiated and executed an investment protection agreement for Cerveceria Nacional for a new project to invest $100m in five years to increase the capacity of its production plant in the city of Guayaquil.
- Represented Sika Ecuatoriana in relation to an assessment order by the Ecuadorian Tax Authority regarding its compliance with income tax obligations corresponding to 2015.
Robalino
In keeping with it’s full-service offering, the multi-office Robalino fields a team that has ‘deep knowledge‘ and the ‘ability to analyse complex tax issues‘ across the planning, controversy and transfer pricing segments, as well as general tax advisory. With extensive experience of cross-border transactions as well as interactions with the tax authorities, practice head Paola Gachet leads the team, often liaising with the firm’s corporate department on relevant matters. Javier Robalino is another key member of the practice, adding to the firm’s ability to advise clients on the tax aspects of cross-border M&A transactions. Heading the team in the Guayaquil office, senior associate Emilio Aguayo‘s past experience includes a number of years at Servicio de Rentas Internas (SRI), the Ecuadorian tax authority and the Ministerio del Trabajo; he also has particular expertise in procedural law. Fellow senior Victor Murillo is further noted for his work on international trade and customs matters. Bolívar Figueroa left the firm in June 2021 to become an advisor at the Ministerio de Producción, Comercio Exterior, Inversiones y Pesca.
Practice head(s):
Paola Gachet
Testimonials
‘Lawyers with deep knowledge of national regulations, attentive to providing good services and accompanying the client.’
‘Aware of clients, prepared to face the legal needs of the company, excellent knowledge and resourcefulness, good service.’
‘Experience and knowledge of O&G industry issues. Deep knowledge of tax issues, ability to analyse complex tax issues, availability and permanent updating.’
Key clients
Schlumberger
Attenza
Eurofish
Banco de Guayaquil
Zaimella del Ecuador
Corporación GFP
Pluspetrol
Fadesa
Generali
LATAM Airlines
Work highlights
- Advised Eurofish on a claim presented before the SRI in relation to a transfer pricing adjustment in transactions undertaken by the company amounting to approximately $6.3m (plus interest).
- Advised Banco Guayaquil on a lawsuit concerning the refund of an overpayment for an amount of $2.3m (plus interest).
- Advised Zaimella with regards to the signing of an investment protection agreement (IPA) for approximately $22m.
Almeida Guzmán & Asociados
Almeida Guzmán & Asociados houses a small but well-regarded tax practice that advises a range of high-profile domestic and international companies, particularly on tax planning, inspections and audits, tax lawsuits and transaction-related tax issues. Diego Almeida Guzmán heads the team with key support from associate Dayana Naranjo whose experience encompasses contentious and advisory matters in both the tax and international trade sectors.
Practice head(s):
FABARA & COMPAÑÍA
The result of the November-2021 merger of Bustamante & Bustamante and Fabara & Compañía, Bustamante Fabara fields a tax practice with capabilities across advisory and planning matters, contentious tax issues and tax restructurings for a consolidated client roster of both domestic and international companies. The team is co-led by senior partners Juan Carlos Bustamante and Maria Rosa Fabara who provide deep knowledge of tax planning and structuring, and contentious tax disputes before the Tax and Constitutional Court, respectively; as well as advice on non-contentious issues including customs, refunds and transfer pricing arrangements. At associate level, senior Diego Pino is a former legal head of the SRI’s revenue department; with over 20 years’ experience, he has a particular niche specialism representing clients in the pharmaceutical sector in disputes with the tax authority. An additional name to note is that of associate María Fernanda Saá-Jaramillo, whose practice covers corporate tax and tax litigation, transfer pricing, customs, and indirect taxation as well as wealth management. Since research concluded, both Pino and Saá-Jaramillo have been promoted to practice directors, effective as of October 2022.
Practice head(s):
Juan Carlos Bustamante; Maria Rosa Fabara
Key clients
Abbott Laboratorios del Ecuador
Tiendas Industriales Asociadas
Siemens
Aspen Pharma
AON Risk Services Ecuador
Plasticsacks
Lactalis del Ecuador
Pfizer
Work highlights
- Successfully represented Abbot Laboratories in a series of cases before the Tax and the Constitutional Courts arising from the classification by Ecuador’s Customs Authority of pharmaceuticals as food products for tariff purposes.
- Represented Tiendas Industriales Asociadas in a contentious tax lawsuit challenging a resolution which had denied an administrative claim against tax calculations by the SRI.
- Represented Siemens in an appeal filed by the SRI before the National Court of Justice following a successful outcome for Siemens in the first instance relating to a VAT refund.
CorralRosales
Andrea Moya leads the tax practice at CorralRosales, which focuses on advising clients with respect to complex transactions, share and asset transfers, customs regulations, and corporate restructurings. The team also represents clients in contentious issues - a case in point being its recent representation of the Association of Airline Representatives in Ecuador (ARLAE) before the National Court of Justice. Additional figure of note include senior partner Xavier Rosales who is noted for his advice on tax issues in relation to corporate transactions; and senior associate Ricardo Mancheno, a tax advisory specialist who also has experience in administrative and judicial proceedings.
Practice head(s):
Andrea Moya
Testimonials
‘CorralRosales and its management team have supported us in the process of setting up our holding company in record time. They have a very extensive knowledge of tax issues in various countries in the LatAm region, with very good contacts and advisors.’
‘Our company had the complexity of having four subsidiaries in different countries, and that we were in a fundraising process and we had to formalize the corporate and tax structure in record time and they succeeded. Prior to the relationship with CorralRosales, we had advice from another firm who were unable to resolve the complex situation.’
‘They are globalized lawyers, they have a very competent know-how and network of contacts.’
‘They are agile in the processes and their recommendations show the expertise of years of consulting. In addition, we are a growing startup and they were able to adjust to our economic and time reality, something remarkable in the sector.’
Key clients
Payless ShoeSource
United Parcel Service
COPA Airlines
Ferrero
Terpel
Location World
La Industria Harinera
Nestlé
Matallana
Raúl Coka Barriga
Münich Re
Hannover Re
Pollux
Dipac Manta
Bayer
Faprefa
Idukay
DHL
Work highlights
- Challenged the validity of an amendment made to the Internal Tax Regime Law Regulations on behalf of the ARLAE.
- Obtained the reimbursement of outflow tax paid in 2020 and considered as tax credit for Bayer.
- Acted for Automotores y Anexos (AYASA) in requests for several reimbursements before the Customs Authority for excess tax paid on the import of vehicles.
ECIJA GPA
ECIJA GPA houses a tax department co-led by Paola Robalino (tax advisory, tax planning, legal sponsorship and international business) and Édgar Méndez (tax consulting and tax controversies), both of whom have expertise in local and international tax law matters. The practice group also regularly undertakes tax litigation, and advises a range of clients (particularly from the oil, mining, telecoms, construction and digital-services sectors) on tax adjustments, tax planning and M&A transactions. At associate level, Jessica Dillon has over 10 years’ experience of -primarily- tax advisory, tax planning and international tax law; however, former fellow associate Alberto Vivanco left in May 2022 to found VAC Abogados & Consultores.
Practice head(s):
Paola Robalino; Édgar Méndez
Testimonials
‘It is a team that directly helps the client so that it can resolve legal situations that arise.’
‘Our company has been working proactively and permanently for no less than 8 years. During this period, the team of lawyers headed by Paola Robalino, have carried out their tasks in an efficient and pertinent manner.’
‘Gonzalo Gonzalez is an expert in arbitration, mediation and negotiation issues. Paola Robalino is an expert in taxes and communication relations with the tax administration.’
Key clients
Sinohydro Corporation
Hydrochina Corporation
Unacem
Pampa Energía
Wayra Energy
DirecTV
BAS Corporation
Banco Procredit
China Sinopharm International Corporation
China Railway No.9 Engineering Group
Ecuavisa
ENAP
Baker Hughes
Aggreko
Work highlights
- Advised Sinohydro on two lawsuits against the SRI.
- Advised China Hidroelectricidad Ingeniería Consultorio Grupo on a lawsuit against the SRI regarding an outflow-tax assessment for 2012 and 2016.
- Advised DirecTV on initiating 19 lawsuits against several municipalities regarding municipal asset taxes on the use of public airspace.
Spingarn
Particularly capable in tax matters, Spingarn‘s practice handles tax structuring and strategies, regular tax advisory and assessment, local and international tax planning and management, family protocols, customs matters, and representation in court and administrative proceedings; and frequently acts for the likes of Banco Pichincha and Diners Club in challenging SRI tax audits. Diego Armas has experience of both tax litigation and consultancy, and co-leads the practice alongside Andrés Narváez, a former lawyer and consultant at the SRI (as well as head of the International Tax Services division at Ernst & Young - Bogotá) who now focusing primarily on administrative challenges and reassessment processes. From the associate ranks, senior Kyra Rivera (tax advisory) and Andrea Orellana (tax litigation) are also both names to note; while experienced associate David Anda handles corporate advisory with a tax focus, tax planning, and administrative and judicial tax litigation.
Practice head(s):
Diego Armas; Andrés Narváez
Key clients
Banco Diners Club del Ecuador
Juan Gabriel Eljuri
Juan Pablo Eljuri
Centro Comerciales del Ecuador
Inmodiamante
Nova Ecuador
Amovecuador
Banco Pichincha
International Water Services
Interagua
Work highlights
- Advised Banco Diners Club on the challenging of a $9.7m income tax audit for fiscal year 2014, issued by the Internal Revenue Service.
- Acted on behalf of Inmodiamente by filing a lawsuit before the Tax Court of Quito, contesting a tax resolution for differences in income tax for the fiscal year 2013 for a value of approximately $3.6m.
- Sponsored Amovecuador during a judicial process before the District Tax Court through which it requested the cancellation of the glosses contained in its income tax audit; value: $5m.
Apolo Abogados
Apolo Abogados is particularly active in the maritime and port sectors, frequently acting on behalf of its clients in relation to applications for tax exemptions, the payment of tax liabilities and the completion of investment contracts. Led by Carlos Arosemena, who has experience in the design and submission of regulatory proposals to the tax authority, the practice group also undertakes tax litigation and administrative disputes, with recent highlights including successfully bringing a case against the SRI seeking the approval of an exemption before the country's Administrative Court.
Practice head(s):
Carlos Arosemena
Testimonials
‘The professionalism, commitment and integrity with which they provide their services mean that we can count on a preferred partner in our business management.’
‘1st category professionals, rightly led by their leaders. They focus on satisfying the client with alternatives that allow it to keep the business going and complying with all the principles of transparency and ethics that the organisation demands.’
‘The Apolo team is always one step ahead of the needs of its clients. They analyze our company and suggest things that we do not have on the radar. They help in the optimization of the company’s resources.’
‘The advice is very personalized, and they are 24/7.‘
‘The Apolo team is quite agile and has extensive knowledge in the aquaculture sector.’
‘Agility to capture customer needs and respond quickly with different alternatives.’
Key clients
Grupasa Grupo Papelero
Promarisco
Empacadora Grupo Granmar
Sociedad Ecuatoriana de Alimentos y Frigorificos Manta Seafman
Eurofish
Inarpi
Cuentas en Participación Langostioro-Coodaesvir
Asociación de Productores de Alimentos Balanceados
Flanders Dredging Corporation
Inbalnor
Work highlights
- Obtained an exception in favour of Grupasa Grupo Papelero, allowing it to exempt the company’s entire income tax (other than that connected to new investments).
- Sponsored a lawsuit on behalf of Cuentas en Participación Langostioro-Coodaesvir against the Tax Administration, regarding an exemption.
- Sponsored Pacificterminal’s signing of an investment contract to ensure the application of an exemption under the Productive Promotion Law.
Meythaler & Zambrano Abogados
Acting primarily for clients in the pharmaceutical and telecommunication sectors, Meythaler & Zambrano Abogados specialises in a range of contentious tax issues before the SRI, Constitutional Court and relevant customs authorities. The team, which is co-led by José Meythaler, Carlos Viscarra and Pamela González, is particularly well regarded for its expertise in tariff claims and tariff classification matters.
Practice head(s):
José Meythaler; Carlos Viscarra; Pamela González
Testimonials
‘Their cooperation and support is important.’
Noboa, Peña & Torres, Abogados
The tax team at Noboa, Peña & Torres, Abogados focuses on transfer pricing, the tax aspects of corporate transactions, and the design and implementation of efficient tax structures for new businesses. Led by Patricio Peña Romero, the practice also acts for its clients in a range of disputes, with Gonzalo Noboa Baquerizo also noted as a key contact in this respect. With 15 years' experience, associate practice director Andrés Cortez handles national and international tax planning, M&A-related tax advisory and planning, and corporate restructuring; he also has solid knowledge of transfer pricing and an active role in litigation. Associate Verónica Zambrano spent 12 years at the SRI and has experience in tax control and compliance, tax litigation and advisory, criminal tax, and constitutional and contentious-administrative matters.
Practice head(s):
Patricio Peña