Juan Carlos Peñafiel Revelo > Flor Bustamante Pizarro Hurtado Abogados > Quito, Ecuador > Lawyer Profile

Juan Carlos Peñafiel Revelo

(+593) 23941050 ext. 105 juancarlos.penafiel@fhlegal.ec View profile

Work Department

• Tax
• Dispute Resolution
• Constitutional
• Insurance Law

Position

Partner

Career

Relevant experience

• In the telecommunications sector, have been able to terminate execution procedures initiated by the central Tax Administration with procedural flaws in record time that determined the invalidity of administrative acts.
• Exercise of the profession in tax matters since 2000.
• Completion of an administrative career in the Servicio de Rentas Internas (Internal Revenue Service) (Departments: claims, audit and attorney) (2000 – 2004)
• Legal analyst of administrative claims regarding Income Tax,Value Added Tax (VAT), Special Consumption Tax (ICE), Tax on Vehicular Registration, among others.
• Tax Attorney before the District Tax Litigation Court and before the Supreme Court of Justice in contentious tax proceedings of actions challenging administrative resolutions and direct actions
• Senior Associate Lawyer of Bustamante & Bustamante Law Firm (2005 – 2017)
• Comprehensive advice on tax matters, with the practice of services such as Tax Planning, Due Diligences, Tax Recovery, sponsorship in tax litigation before contentious administrative and contentious judicial authorities, sponsorship in tax constitutional actions, advice on international taxation, among others.
• Successful sponsorship in a trial that culminated in the saving of approximately 60 million dollars in tax litigation,through which the oil company’s claim was accepted. This sponsorship challenged tax re-determinations practiced by SRI in 1998, 1999 and 2000.
• Successful sponsorship in a trial that culminated with the saving of US $ 7,580,004.28 in tax litigation, through which a demand against the determination of a 1.5 per thousand tax on total assets (municipal taxes) was accepted.
• Tax recoveries for companies related to the technology, advertising, energy, hydrocarbon and textile industries, among others, for undue payments, payments in excess of income tax, VAT tax credit, Special Consumption Tax, taxes on payments made abroad bylocal companies not having been able to directly benefit from international agreements to avoid double taxation (CDI)
• Precursor in the return of the advance payment of income tax due to unforeseen circumstances.
• Successful sponsorship in court that culminated in the saving of approximately 6 million dollars in tax litigation and through which the demands of an energy company on tax determinations of income tax were accepted

 Work experience

• FLOR & HURTADO
  Member, July 2017
• Professor of Tax Law and Tax Procedural Law atUniversidad de Ciencias Sociales y Jurídicas de la Universidad Internacional SEK from 2017 to the present.
• BUSTAMANTE & BUSTAMANTE
  Partner, 1996 to 2017
• INTERNAL RENTS SERVICE
  Lawyer, 2000 to 2004
• EQUINOCCIAL INSURANCE
  Legal assistant
• FREE LEGAL CONSULTANTS PUCE
  Collaborator, Advisor in labor and civil law cases
• LATIN AMERICAN CORPORATION FOR DEVELOPMENT
  Collaborator: Prison census and analysis of non-sentenced cases
• CORPORATION OF STUDIES AND PUBLICATIONS
  Collaborator: Codification of the rules of due process in the Ecuadorian legal system
• PRIVANCE (INSURANCE AGENCY)
  Account executive

Languages

Spanish, English

Memberships

• International Fiscal Association IFA
• Pichincha Bar Association
• Lawyer´s Forum
• Ecuadorian Institute of Tax Law

Education

• Universidad Andina Simón Bolívar
  Master in Tax Law – 2011
• Universidad Andina Simón Bolívar
  Tax Law Specialist – 2006
• Universidad de Salamanca
  Tax Law Specialist – 2004
• Pontificia Universidad Católica del Ecuador
  Lawyer – 2011