Rivera, Bolívar & Castañedas from Panama successfully organized a seminar on Transfer Price and Tax Treaties in Panama.

The conference took place from May 9th to May 10th, 2011 at the Sheraton Hotel in Panama City.
Several discussion boards were developed where 8 countries members of LATAXNET, international organizations such as the American Center of Tax Administrations (CIAT) and members of the Panamanian negotiating team of international tax treaties of the Ministry of Economy and Finance of Panama (MEF) convened to present issues of great importance for the DOUBLE TAXATION TREATY, TRANSFER PRICING, TAX INFORMATION EXCHANGE AGREEMENTS AND FATCA.

The inaugural session was chaired by the Deputy Minister of Economy of Panama Frank De Lima, who welcomed participants and stated the importance of the issue by stating that "For the Government, is essential to clean the image that Panama has, and which still persists in some countries, the perception of the country as a tax haven attributed to the success of our economy, which is totally false because the population pays taxes on business activities generated within Panamanian territory.”

One of the main achievements of the conference was that through the vision of experts in the tax field we offered the audiences: multinational companies, banking sector, lawyers, accounting firm, public servants, among others, an analysis of progressive taxation and its impact in the Latin America tax systems.
The lectures that were offered for both a public and private, focused on the exchange of experiences among countries in Latin America.

On the first day, speakers such as Mr. Domingo Latorraca and Mr. Carlos Cordero, as team members of the negotiated tax treaties from Panama, said that “the Republic of Panama is set as a minimum goal negotiating, signing and ratification of at least twelve (12) Tax Treaties or Conventions, are these to avoid double taxation (the DTC) or Information Exchange Agreements (hereinafter TIEA), which is the minimum required by the OECD to remove a country from the gray list”.

Mr. Márcio Ferreira Verdi, Executive Secretary of CIAT thanked the participants, emphasizing the importance of exchanging information for the phenomenon of globalization and harmful tax practices.
After a long discussion and debate among participants, there was a brief recess to continue with the presentation of Mr. Miguel Valdes, from Machado Associados Advogados- Brazil, who presented an analysis of TIEA signed between Panama and the United States and the strategies adopted by United States regarding anti tax evasion (FATCA) and recent modifications as 2010-60 and 2011-34 Notes on the report of the accounts of the United States.

Mr. Luis Laguerre, also as team member of the negotiated tax treaties of Panama, said that it should be attempted to solve the problem of double taxation arising from overlapping taxing powers between trading partner countries through mutual concessions instrumented tax sovereignty through agreements.

The Double Taxation Treaty sessions were initiated  by Juan Carlos Torre Garanton from Plaz & Araujo-Venezuela, led by the lecturer of Mr. Walter Tumbaco from Lawnetworker, SA-Ecuador.
The afternoon session ended with Mr. Miguel Ortiz, from Ortiz, Sosa, Ysusi-Mexico, who pointed out that Mexico has concluded a treaty now to prevent double taxation and preventing fiscal evasion with respect to taxes on income with the following countries of America : Barbados, Ecuador, Brazil, USA, Canada, Panama, Chile and Uruguay.

On the morning of second day the presentation began with Mr. Luis Ocando, as team member of the negotiated tax treaties from Panama, followed by the presentation of Mr. Gonzalo Arias, CIAT International Cooperation Manager,  who discussed the arrangements to  control transfer price in the countries of Latin America, for example differences in the rates of corporate income tax in the countries of Central America, Mercosur and the Andina Community, draft design and reform process or discussion in America, "Safe Harbors"in Latin America and arrangements of information, among others.

The afternoon session was initiated to  Transfer Pricing panel discussion with speakers such as  Luis Farinelli from Machado Associados Advogados- Brazil, Ms. Clemencia Luz Alfonso from Lewin & Wills- Colombia who said that the implementation of transfer pricing regime in Colombia should be taken into account the following assumptions: Being an income taxpayer, to have economic ties or related parties abroad, and have been operating to related parties or related parties abroad during the tax year, and ended the session of Transfer Pricing Mr. Ivan Diaz-Barreiro  from Ortiz, Sosa, Ysusi-Mexico.

Among the relevant issues that arose was "Vision of Panama as a tax haven in the light of new regulations for the Transfer pricing" by Mr. José Javier Rivera of Rivera, Bolívar and Castañedas-Panama who concluded that Panama has been classified as tax havens by the OECD taking into consideration the criteria which has progressively been established according to the needs that the market demands. Although Panama is not part of this organization and has been incorporated into national law the transfer pricing guidelines per se, has implemented all the recommendations of the OECD with the aim of improving its international image in order to eliminate unfair rating given by this body, which requires him to carry a stigma and its consequences (no foreign investment) without receiving the benefits of these schemes enjoy. In this sense, Javier Said Acuña from Rivera, Bolívar and Castañedas- Panama also made ​​a significant contribution in the topic "Is Panama a tax heaven?”.
In relation to the previous, Mr. Luis Hernandez, who is responsible for coordinating and business development of LAtaxnet, exchanged with the audience the experience and recommendations from the perspective of Uruguay to get out of Panama to the gray list of the OECD. Therefore, at this point Mr. Luis Hernandez said that Uruguay implemented TDT incorporating the art. 26 of the OECD model, TIEAs, made ​​reform of the lifting of bank secrecy and other tax reforms. In addition, Uruguay abandons its traditional "territorial principle" to go to tax certain income received by individual tax residents. From January 2011 individuals will have to pay income tax (PIT) -12%-on “income investment “(dividends and interest) generated abroad.

In addition, Mr. Adrian Torrealba from Facio & Cañas- Costa Rica referred to the specific case where Costa Rica appears on the blacklist in 2009 and days later, Costa Rica goes to the gray list after a High-level commitment in order to reform its legislation in the areas of difficulty.

Finally, Mr. José Javier Rivera of Rivera, Bolívar and Castañedas-Panama, closed the conference by welcoming the participation of speakers and the support received by Lataxnet.
At night Rivera, Bolívar y Castañedas held a cocktail at the facilities of the Panama Canal Museum, located in Square Cathedral, San Felipe, which was attended by the speakers, the audience and clients of the Firm Rivera, Bolívar and Castañedas.

Torres Plaz & Araujo is pleased to present its book: LEGAL ENVIRONMENT, CONSTITUTIONAL REFORM AND THE ENABLING LAW

Torres Plaz & Araujo proudly presents the newest addition to the TPA Publishing Collection titled: LEGAL ENVIRONMENT, CONSTITUTIONAL REFORM AND THE ENABLING LAW. It embodies the work of 20 lawyers and professionals of various disciplines and is the product of the detailed review, in-depth analysis and continuing oversight, until March 2011, of the laws and decree-laws issued after July 31, 2008, when 26 decree-laws were passed, intended to implement through norms with the Status and Force of Laws, the Constitutional Reform rejected by the Venezuelan people on December 2, 2007. Each law or decree-law has been summarized, highlighting its most relevant aspects, establishing the relation that each bears to the rejected reform of 2007 and, in some cases, delving into the analysis of the norms relating to the transformation of the State institutions or bases set out in the Constitution of the Bolivarian Republic of Venezuela and how it affects the various economic sectors and national life.

This analysis of the legal environment in place in Venezuela, coordinated by our Partner, Juan Domingo Alfonzo, and by Economist Ana Carolina González, is divided into nine chapters: I.- A general approach to the rejected reform through the “legislative big package” of July 2008 and later with the laws and decrees issued until March 15, 2011. II.- The rejected Constitutional Reform and its most relevant articles. III.- Content of the Enabling Law, published in Official Gazette No. 38.617, dated February 1, 2007. IV.- 26 Decrees issued at July 31, 2008, based on the Enabling Law of February 2007; V) Subsequent reforms to the 26 Decree-Laws issued at July 31, 2008; VI) List of laws and/or reforms of laws published after July 31, 2008. VII) New laws and/or reforms of laws subsequent to July 31, 2008, and their relation to the rejected Constitutional Reform. VIII) Some laws or reforms of laws issued after the parliamentary elections of September 26, 2010, and their relation to the rejected Constitutional Reform. IX) New Enabling Law, published in Extraordinary Official Gazette of December 17, 2010.

This new book, coordinated by our Partner, Juan Domingo Alfonzo, and by Economist Ana Carolina González, is available from the Torres Plaz & Araujo Publishing House and at the main book stores around the country. It presents a summary of the evolution of the constitutional and legal environment since the Constitutional Reform rejected in 2007 and until March 2011.

For further information call us at 905.02.11.

President Mujica eased investor’s worries, confirmed continuity of economic policy

In a conference entitled “Uruguay, land of opportunities” held last April 2nd President José Mujica ratified the Government’s economic path and assured that changes in tax laws will not have any effect over investments.

The conference, in which both President Mujica and VicePresident Danilo Astori acted as speaker was sponsored by The Argentine – Uruguayan Chamber of Commerce, The Chamber of Construction, the Exporters Union and the Uruguayan Chamber of Commerce. More than 1,200 entrepreneurs from Uruguay, Argentina and Brazil attended, mingling with political figures.  

The message was clear: “Changes that may arise will be a product of the moment, but never a change of course”. With that phrase the President confirmed the continuity of his economic policy, giving tranquility to entrepreneurs to carry on with investments.

In response to rumors about changes in tax laws, he said that any tax changes will not involve a shift in policy.

Chilean Tax Expert Speaks with Asian Companies and Investors at Regional Conference in
Mumbai, India

Jorge Espinosa, of Espinosa y Asociados (www.espinosayasociados.cl), recently returned from Mumbai, India to speak with Asian companies and investors looking at Latin America as part of their expansion plans at the International Tax Foundation’s annual regional conference (www.fitindia.org).
Jorge’s first appearance was for a select group in an exclusive, by-invite-only VIP session on Anti-Avoidance Rules where he discussed Chile within a regional context.  Jorge then served as a panelist on the International Tax Structuring for Investing Abroad session that was moderated by the Foundation’s Chairman, Nishith Desai.  Of the five emerging economies of interest, three were in Latin America where Jorge discussed Chile as a strategic starting point and regional base for Latin America.   During Jorge’s time in Mumbai, he also met with Asia’s top full-service law firms to discuss ways of partnering and collaborating with his firm and LATAXNET (www.lataxnet.net).
Jorge Espinosa is considered one of Chile’s leading international tax experts and specialists in the country’s global investment platforms being at the forefront of sophisticated development mechanisms and systems that continue to evolve throughout the region.   His Mumbai trip was part of extensive travels throughout the year in attending his international client base.  As one of the founding partners of LATAXNET, he also participated in several of their renowned conference series in partnership with leading academic and policy making institutions as strategic forums with for leading-edge specialists from the academic, private and public sectors.

2010 Recap
2010 marked a major point of inflection for Jorge Espinosa’s work that ranges from strategic advisory and policy development to custom-tailored business solutions that span the private, public and academic sectors. 
Most recently, Jorge Espinosa wrapped up the year by expanding his recognition as leading edge tax strategist as an invited guest speaker for the Foundation for International Taxation annual regional conference for Asia in Mumbai, India in December.  His activities at this conference started out by giving an overview to a select, by-invite only VIP session on Anti-Avoidance Rules.  Later, he was a one of five selected panelists for the International Tax Structuring for Investing Abroad session that was facilitated by the Foundation’s Chairman, he discussed Chile’s advantages as a regional investment platform being further enhanced by entering into the OECD. 
Throughout Jorge’s extensive travels this year in attending to his client needs, he also played a key role in LATAXNET’s renowned conference series partnering with leading academic and policy making institutions as strategic forums for leading-edge specialists from the academic, private and public sectors.  In April, Jorge attended their conference in Sao Paulo in April, held in conjunction with the Getulio Vargas Foundation for a turnout of over 150 attendees that resulted in an exclusive invitation to become part of a strategic think-tank for Brazil.
In October, Jorge’s panel on US-Chile Tax Treaty took center stage with over 100 attendees at LATAXNET’s conference in Manhattan, hosted by NYU (New York University) and David Rosenbloom.  After this event, Jorge met with major investment banking clients in both New York and Chicago, followed by Washington DC to participate in the Inter-American Bank’s first open forum on regional, Latin American Tax Policy.  At this conference, LATAXNET was the first, exclusive invited panelists, also hosted by Georgetown University with participation from Charles Gustafson, Ron Pearlman and Peter Byrne and other world-renowned tax specialists including Reuven Avi-Yonah, Luiz Villela and Alberto Barreix.

For further information or to schedule an interview with Mr. Espinosa, please contact:                               

Ms. Adriane Quintero, EQS & Partners, 2239 South Michigan Avenue, Chicago, Illinois, USA  60610 
adriane@eqspartners.com

International Tax Program Seminar at NYU
October 21st, 2010

This event was held at New York University Law School, with participation from distinguished faculty members led by Professor David  Rosenbloom and senior members of partners firms of Lataxnet . The event was attended in large part by tax and legal department officials of top US firms with activities in Latin America, prestigious New York law firms, and NYU students. Members of the audience played a significant role in the seminar, asking many tough questions and offering interesting comments. The program and speakers maintained a high technical level, and the audience reflected the growing interest of international investors in the region.  These investors see opportunities in the expanding tax treaty networks. Ongoing tax reforms present opportunities and challenges for the future.

In summary, this second annual edition of the seminar was a great success, and this tradition surely will be continued in 2011 with a new version that will follow tax developments in the coming year.

Latin America International Tax Conference
October 25, 2010
IDB Headquarters, Washington, D.C.

This event took place at Enrique Iglesias Convention Center of the Inter-American Development Bank, with the participation of several leading academics, including Georgetown Law Center professors Charles Gustafson and Ron Pearlman, who closed and opened the seminar, respectively. Other participants included Prof. Reuven Avi-Yonah of  University of Michigan Law School, and Georgetown Adjunct professor Peter Byrne, IDB experts Luiz Villela and Alberto Barreix, and Treasury official Henry Louie. Together with senior partners of Lataxnet member firms, they reviewed the numerous changes in tax legislation taking place in 2010 in the Latin American region. Noteworthy presentations focused on the impact of various tax reforms, tax treaty developments, and continuing transfer pricing reforms. There was also an interesting discussion on the subjects of tax-free zones and holding company opportunities in the region.

Chambers awards our partner in Puerto Rico

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Pellerano & Herrera, Firm of the Year in República Dominicana
Chambers Latin America Awards for Excellence 2010

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ET Search interviews Luis Rogerio Farinelli with Machado Associados

Machado Associados incorporates Elen Orsini to its Transfer Pricing team

Machado Associados informs the engaging of Elen Orsini to the firm as of June 1, 2010 as a Senior Consultant in the Transfer Pricing area. Elen Orsini represents a significant consolidation for Machado Associados, since she is one of the most important consultants in the Transfer Pricing area in Brazil.
Elen Orsini has around 30 years of experience in the tax area. She has been a tax auditor of the  Brazilian Federal Revenue Service for over 22 years, having worked in the income tax and international taxation areas. She has participated of the creation and implementation of the Special Division for International Affairs - Deain in São Paulo, where she had the role of General Coordinator of the Qualification Program and of Head of the Transfer Pricing Inspection Division, having also being one of the creators of the relevant legislation currently in force in Brazil. In addition, she has participated in several work groups connected to the General Inspection Coordination - Cofis and the General Taxation Coordination - Cosit, with the aim to propose measures to improve the legislation, implement inspection techniques, update the Annual Corporate Income Tax Return (DIPJ) completion manual, the Questions and Answers section and the review of regulatory acts.

La Publicación Chambers reconoce a Lewin & Wills de Colombia.

Chambers International es una de las publicaciones mejor posicionadas   en materia de información y ranking de oficinas de abogados en el mundo.

Acaban de sacar su libro de firmas de abogados en Latinoamérica.  A  Lewin & Wills la ponen como la mejor oficina de Abogados en el tema tributario, en Colombia!!! Comparte primer puesto con Prieto Carrizosa.  

El gran mérito es que Chambers se caracteriza por su muy seria investigación acerca de la calidad y del servicio de las firmas de abogados en cada país del mundo y es ampliamente conocido que no aceptan ningún pago por que las firmas aparezcan en sus páginas.   La información proviene de sus investigaciones y de comentarios de colegas y clientes.

En el texto publicado en su libro y en su página web salen  grandes elogios de la firma, en el sentido que los clientes consideran que no hay nada por mejorar, de sus “muy atentos y eficientes abogados” y en particular  de Alfredo y  del “hugely impressive” Benjamín.

Para ver la anterior información pueden ingresar a www.chambersandpartners.com / New Chambers Latin America 2009/ Ingresan el nombre de la firma y el país/ Tax

Anexo de los comentarios que publican de la firma:

The Firm: Tax counsel to the Central Bank of Colombia, this specialist tax boutique receives the highest possible recommendations from its clients, who say they “can’t think of any way it could be improved.” The firm is active in all aspects of cross-border inbound tax transactions, including planning, litigation and tax issues affecting contracts and documents. Foreign exchange litigation is another strength of the firm, and the lawyers recently represented Hewlett-Packard in this capacity. Leading specialist and Harvard alumnus Alfredo Lewin has advised on a number of massive deals in the past year on behalf of notable clients, including Glencore International’s acquisition of 51% of a Cartegenan oil refinery. An adviser whom one competitor “would always recommend first for tax matters ,” Lewin also attracts praise from clients for “his excellent judgement and smart, analytical and incisive opinions.” The same interviewees also highlight his “extremely attentive” fellow partners, who demonstrate “true mastery of tax law .” The “hugely impressive” Benjamín Cubides, for example, was involved in one of the most significant deals of the past year, FD International’s acquisition of Gravitas Colombia. His excellent track record reinforces clients’ claims that “there is a lot of brain power in this boutique .” Many observers agree that the group’s comprehensive specialist legal advice and personable approach distinguish it from others in the tax arena: “This well-connected, knowledgeable team listens carefully and always puts clients at ease .”

Lewin &Wills, miembro de Lataxnet en Colombia, está organizando un seminario sobre temas  tributarios de actualidad en Latinoamérica el cual tendrá lugar en Bogota el próximo 16 de agosto.

El próximo 16 de agosto en Bogota, con el auspicio de la  firma local Lewin & Wills, miembro de Lataxnet, se llevara a cabo el Seminario Tendencias Fiscales  y Experiencias Latinoamericanas en industrias seleccionadas.
El  seminario que tendrá lugar en el Club Metropolitan y será conducido por  diferentes especialistas tributarios de las firmas asociadas a Lataxnet de toda Latinoamérica. La metodología del  seminario se basara en páneles coordinados por un especialista con la idea de cubrir diferentes áreas temáticas, entre  las  que se destacan:

• Experiencia Latinoamericana en la aplicación práctica de Precios de Transferencia
• Experiencia Latinoamericana en tributación de empresas petroleras y mineras
• Experiencia Latinoamericana relacionada con Tratados de Doble Tributación
• Nuevas tendencias y restricciones en el planeamiento de impuestos internacionales.

El Presidente de Lataxnet  Dr. Miguel Valdes y el socio local  Dr. Alfredo Lewin  están muy entusiasmados con el hecho de aportarle a la comunidad empresarial y profesional de Colombia una visión global de temas de la mayor actualidad en la materia.

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Abogados del futuro deben entrenarse en el uso de las nuevas tecnologias para manejar el exceso de informacion en internet

El comentario fue recogido por un semanario local (Uruguay) a partir de las declaraciones del Presidente de la IBA en la reunion que se realizo dias pasados en Montevideo y que conto con la presencia de numerosos prestigiosos estudios de la region

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Machado Associados will participate in business trip with brasilian President to India

"Fabíola Costa Girão, Machado Associados senior associate, is joining the delegation of Brazilian President Luis Inacio Lula da Silva in his visit to India on June 4 and 5. The firm is taking the opportunity to lecture to Brazilian and Indian companies on investments in the Indo-Brazil corridor.

Machado Associados is a member of the Brazil-India Chamber of Commerce and has seen a significant growth in consultations regarding investments in the Indo-Brazil corridor. Indian companies have shown particular interest in the ethanol sector and Brazilian companies have researched opportunities in the infrastructure sector, given the attractiveness of combining the benefits granted by the Indian domestic law with those granted by the Brazil-India DTA."