Bustamante Fabara has a strong track record in contentious tax matters, where it acts on behalf of high-profile clients in tax refund proceedings, administrative tax claims and unfavourable determination processes brought by the Ecuadorian Internal Revenue Service (SRI). Led by practce director Diego Pino, who has over 20 years' experience and handles both advisory and contentious matters, the team’s expertise also extends to foreign trade, tax planning, sectional taxes, the tax treatment of dividends, and transactional tax matters. Juan Carlos Bustamante is another practitioner with longstanding experience in the field, working on strategic tax and corporate matters for domestic and multinational companies, while director and international taxation specialist María Fernanda Saá-Jaramillo is noted for making an impact for clients seeking advice on double taxation and tax evasion issues, adding 20 years of experience to the team’s combined knowledge. Sofía Gordillo is another standout, recommended for transactional matters and sensitive internal taxation processes. Among recent highlights, the practice represented Abbott Laboratorios del Ecuador before the Constitutional Court in relation to tariff classifications of pharmaceutical products. Since publication, Pino has been promoted to the partnership - effective as of May 2024.
Tax in Ecuador
Bustamante Fabara
Responsables de la pratique:
Diego Pino
Les références
‘Technical team with good knowledge of tax regulations and open to finding solutions to complex problems.’
‘Diego Pino masters tax regulations and seeks solutions for his clients.’
‘They have good quality control.’
Principaux clients
Abbott Laboratorios
Tiendas Industriales Asociadas (TIA)
Paneles Latinoamericanos Panelat Ecuador
Lactalis Del Ecuador
Pfizer
Pepsico Alimentos Del Ecuador
Icesa
Aglomerados Cotopaxi
Construmercado
Grupo CID
B.Braun Medical
Plasticsacks
Principaux dossiers
- Successfully represented Abbott Laboratorios in front of the tax court and the Constitutional Court in matters arising from the tariff classification of pharmaceutical products.
- Assisted TIA in litigation that overturned a prior administrative ruling, thereby eliminating the company’s obligation to pay millions in taxes.
- Represented Panelat in the execution of an investment agreement with the State granting the company tax benefits such as a reduction in the income tax rate.
Lexvalor Abogados
Lexvalor Abogados‘ tax department stands out for its collaboration with Ecuadorian tax authorities, giving it a unique view of tax reforms and the regularisation of the market. The group is also notable for its capabilities in both contentious and non-contentious matters, sought by some of the largest pharmaceutical, technology and tourism companies as well as major financial institutions and real estate developers. Leadership of the group is divided between Carlos Coronel and Pablo Arias in Quito and Gabriela Uquillas in Guayaquil. Coronel is in charge of tax disputes, overseeing judicial and administrative cases before the District Tax Court and National Court of Justice, joined by Arias, founding partner of the practice and a reference for tax consulting in the oil and gas, pharmaceutical and retail sectors. Urquillas is an international trade and customs specialist. Associate support comes from Víctor Chiriboga, whose practice focuses on administrative and judicial processes, and Ana Belén Cadena, noted for tax planning and contentious matters. Since the conclusion of research, the team has been further strengthened thanks to the hire of Paola Gachet, previously at Robalino, as of July 2023; in addition to her tax know-how, Gachet brings considerable experience in administrative law and public contracting to the practice.
Responsables de la pratique:
Carlos Coronel; Pablo Arias; Gabriela Uquillas
Les références
‘Client service is exceptional. Quick responses and flexibility. The firm strives to understand the concerns and objectives of the client in order to ensure that the criteria provided are aligned with those objectives.’
‘Víctor Chiriboga has deep expertise and knowledge of tax issues, and the ability to adapt and understand client needs.’
‘The channels of communication and attention are direct.’
Principaux clients
Logiztik Alliance
Entoria Energy
Saludsa
Marcimex
Acerías Nacionales del Ecuador
Direct TV
Primax Comercial del Ecuador
Productos Avon Ecuador
Corporación Favorita
Df Ecuador
Cervecería Nacional
Superdeporte
Banco Internacional
Grupo Futuro
Etica Empresa Turística Internacional
Grupo KFC
Casabaca
Uber
Hapag-Llyod
Productos Familia Sancela Del Ecuador
Avianca
Seguros Equinoccial
La Fabril
Despegar
Principaux dossiers
- Advised Cervecería Nacional on the process of determination of the tax year 2017, obtaining a favourable result, saving more than $20m.
- Obtained a favourable ruling from the National Court of Justice for Productos Avon Ecuador, saving more than $3m.
- Advised Corporación Favorita on the registration of an external loan of $65m.
Pérez Bustamante & Ponce
Pérez Bustamante & Ponce continues to solidify its standing as a leader in the Ecuadorian market, with a tax department sought by leading food and beverage, oil and gas, retail, mining and consumer market clients. The team sources expertise from offices in Guayaquil and Quito to advise clients on their navigation of tax reforms and tax structurings as well as proceedings in front of the Tax District Court and National Court of Justice. The retention of clients such as Belcorp and Adelca means the team is regularly engaged to advise on relevant issues. Juan Gabriel Reyes spearheads the firm’s offering in the field, recognised in particular for his role in tax planning, an area of specialisation supplemented by his expertise in administrative and judicial tax claims. Carmen Simone-Lasso supports these efforts, applying knowledge of customs and international trade law issues, working alongside Juan Francisco Carrasco, who is active in advising companies in the energy, telecoms and infrastructure sectors. Other standout practitioners include directors Nicolás Maldonado-Zambrano and Alejandro Páez-Vallejo (with the latter promoted to the position in October 2022), handling family estate protection and tax optimisation matters, respectively. Jeannette Jarrin-Sevilla is also recommended for her work on double taxation avoidance agreements and corporate restructurings.
Responsables de la pratique:
Juan Gabriel Reyes
Les références
‘The tax team has extensive knowledge of Ecuador’s tax regulations and the Agreements to Avoid Double Taxation that the country has signed with other countries. This knowledge, added to the vast understanding they have regarding the industry, is excellent. Their extensive experience also adds to the prestige they have in the market.’
‘Juan Gabriel Reyes and Juan Francisco Carrasco provide us with a high-quality service. They show that they are aware of our needs and are ready to accompany us in the design and redesign of strategies that allow the company to optimise its tax burden. Their work shows the passion they have for what they do and for the service to the client, two characteristics that make them worthy of our trust and wide recommendation.’
Principaux clients
Liberty Seguros
Unicomer
Gransolar
Telefonica
Adelca
Belcorp
Urbandata
Arca
Life for Tires
Principaux dossiers
- Advising Grupo Transbel in order to disprove an FY 2018 income tax assessment.
- Acted on behalf of Unicomer in relation to an assessment by the Ecuadorian tax authority surrounding a solidarity contribution made in 2016.
- Advised Consorcio Petrolero Bloque 16 on a witholding tax refund claim requiring financial and tax analyses.
CorralRosales
The tax and customs team at CorralRosales advises both local and foreign clients in relation to tax assessment procedures, the analysis of tax components in cross-border transactions, due diligence processes and corporate restructurings. Led by Andrea Moya, highly regarded for her ability to devise tax efficient structures, the group showcases further capabilities in customs matters, with its recent advice to Ferrero del Ecuador regarding a customs safeguard payment over imports standing out in particular. Moya is supported by senior associate Ricardo Mancheno, who acts primarily in administrative and judicial proceedings, and reimbursement claims specialist María José Flores, another key practitioner from the associate ranks.
Responsables de la pratique:
Andrea Moya
Les références
‘CorralRosales came strongly recommended and our experience working with them only reinforced that. The team not only delivered quality work product within our stated scope, but voluntarily called out other critical considerations we frankly did not think to ask. CorralRosales was an exceptional partner during the project and will likely remain a go-to advisor for us in Ecuador.’
‘Andrea Moya in particular was an excellent partner throughout the process. She constantly made herself available to us morning, noon, and night. Additionally, she demonstrated proficiency in distilling complex issues into a digestible manner that we could understand.’
‘Andrea Moya is extremely reachable, available on short notice, and knowledgeable. Maria Jose Flores gives clear advice, has great communication, and has great knowledge of the industry.’
Principaux clients
Payless ShoeSource
United Parcel Service Co.
COPA Airlines
Ferrero
Omnibus
Location World
Nestlé
Raúl Coka Barriga
Münich Re
Hannover Re
DIPAC Manta
Bayer
Idukay
Prointec
Syngenta
BMV
TGPROMETAL
Principaux dossiers
- Advised UPS on the challenge of a tax assessment issued by the SRI in connection with corporate income tax paid in 2015.
- Advised Ferrero del Ecuador on a legal challenge regarding the payment of a customs safeguard on imports of raw materials from Colombia.
- Advised Hannover Rück on several refund claims before the SRI to recover income tax withheld.
ECIJA GPA
ECIJA GPA has notable experience in the energy sector and is retained by major companies in this space to advise on tax issues, including the negotiation of VAT refunds, litigation, audits, planning and M&A. Besides energy, the firm is also active in the telecoms, real estate, retail and automotive sectors. Leadership of the team is divided between tax authority investigations specialist Paola Robalino in Quito, seasoned litigator Édgar Méndez in Guayaquil and commercial law expert Santiago Vega in Cuenca. Jessica Dillon backs these efforts from Quito, specialised in tax assessments and due diligence, supported by recent associate arrivals Norka Patiño and Soledad Isch, who joined in January 2022 and May 2022, respectively. These moves offset the loss of former associate Alberto Vivanco, who left in May 2022.
Les références
‘Santiago Vega is a lawyer who is always available to attend to any concern or requirement. He is willing to listen clearly and explain exactly the situations that arise and what actions can be taken to solve them.’
‘The simplicity with which you interact with the team is one of the qualities that we consider most relevant.’
Principaux clients
Baker Hughes del Ecuador
Sinohydro Corporation
Hydrochina Corporation
Vivanco & Saltos Reliance
ENERCOR
DIRECTV Ecuador
MAQUINARIAS Y VEHICULOS MAVESA
Servicios publicitarios CREAMEDIOS
Corporacion Favorita
Principaux dossiers
- Advised ENERCOR to demonstrate that it was subject to withholding in a foreign country, thus avoiding double taxation of income tax.
Robalino
Robalino continues to make strides towards a leading full-service offering, with a tax, transfer pricing and international commerce team dedicated to issues related to international tax matters, customs, litigation and complex cross-border transactions. Complementing the team’s expertise is the group’s relationship with local tax authorities. Javier Robalino is a standout practitioner, noted for his extensive background in tax and his experience in cross-border transactions, working alongside senior assoiciate and Guayaquil office leader Emilio Aguayo, who draws from his previous role at Servicio de Rentas Internas (SRI). Also from the senior associate ranks, Victor Murillo heads the Guayaquil office alongside Aguayo, specialising in tax litigation and regulatory work. Bolívar Figueroa returned to the firm in October 2022 after working for the Ministerio de Producción, Comercio Exterior, Inversiones y Pesca. In a significant development, Paola Gachet left the firm in July 2023.
Les références
‘Knowledgeable lawyers, prepared, with a good service attitude and prompt response, extensive coverage in different areas of law.’
‘Well prepared, knowledgeable about the issues they are in charge of, very willing to accompany the concerns that arise and give us solutions or suggestions for the best path to take.’
Principaux clients
Schlumberger
Attenza DF Ecuador
Colgate
Banco de Guayaquil
Zaimella del Ecuador
Corporación GFP
Pluspetrol
Fadesa
Rosa Prima
LATAM Airlines
Principaux dossiers
- Advising Worley Services on a tax assesment by the SRI that causes an indirect expropriation.
- Advised Eurofish on a claim presented before the SRI relating to a transfer pricing adjustment in transactions made by the company with related parties during fiscal year 2016.
- Representing Continental before the SRI regarding the determination of income taxes for 2018.
Spingarn
Spingarn is recognised for its strong tax focus, and as such is a popular choice for high-profile clients, which turn to the group for its experience in tax structuring, tax planning, customs matters and administrative proceedings. Managing partner Andrés Narváez and Diego Armas share leadership of the practice, with the fomrer acting as a key point of contact for administrative challenges, risk and continency assessments, tax efficiency instruments and judicial appeals, drawing on his previous role as a lawyer and consultant for the SRI. Senior associate Kyra Rivera is also noted, sought by banking entities to handle tax structuring and planning mandates; she is backed by head and director of the firm’s litigation offering David Anda and Andrea Orellana. The firm has established particularly strong ties with Banco Pichincha, acting for the bank in multiple cases against the SRI.
Responsables de la pratique:
Andrés Narváez; Diego Armas
Les références
‘Strategic and holistic vision of multidisciplinary teams with various areas of knowledge. All the expert professionals work as a team to provide comprehensive and complete solutions to their clients. The mix of their deep knowledge of the main industries adds greater value to their consultancies. Knowledge of risk management and internal control of their clients and industry.’
‘The firm has lawyers specialised in various branches, therefore, when we have a query or seek advice, we are assigned to one of the lawyers with extensive experience focused on the requirement. In addition to this, their collaboration is always timely and with forceful and clear answers based on the regulations.’
‘The efficiency of its collaborators and its response capacity is always fast, timely and adheres to the legislation. Excellent contribution in legal, tax and financial matters.’
Principaux clients
Banco Pichincha
Diners Club del Ecuador
AEKIA
Ixion
Acería del Ecuador (Adelca)
Jmi Group
Entoria Energy
Payjoy
PetroTal Corp
QBE Europe
Gran Tierra Energy
La Equidad Seguros
Holex Flower
Micro Factory Capital
Pecksambiente
Compañía Minera La Plata
Puntonet
Quito Motors SA Comercial e Industrial
Amazonashot
Enchapes Decorativos (Endesa)
Omnivest
GoodBrand Ecuador
Servifreno
Vinos y Espirituosos Vines
Inversiones Inmobiliarias Guayaquil Igsa
Principaux dossiers
- Acted on behalf of Aceria del Ecuador in a transaction with Intercorp Retail, a Panamanian holding company with investments in several retail ventures in Latin America.
- Advising Grupo Sur Atlántida on the tax aspects of the acquisition of Crediprime, CapitalPrime and GoPrime.
- Advised Holex Flower on its corporate structure, commercial contracts, supply chain, export requirements and investment contracts.
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 and also handles finance and stock market matters. However, former associate Dayana Naranjo moved to KPMG in the US in September 2023.
Responsables de la pratique:
Diego Almeida-Guzmán
Apolo Abogados
Apolo Abogados offers tax and customs law experience to clients in the maritime and port sectors, focusing on tax efficiency, liabilities and regulatory proposals directed at the country’s tax authority. Carlos Arosemena steers the practice alongside José Gabriel Apolo in Guayaquil, with the group also capable in contentious matters, particularly those relating to tax benefits and exemptions.
Responsables de la pratique:
Carlos Arosemena; Jose Gabriel Apolo
Les références
‘Strengths include a personalised and immediate service at an affordable cost. Very positive results.’
‘They constantly demonstrate their knowledge of legal issues and propose practical solutions.’
Principaux clients
Grupasa Grupo Papelero
Promarisco
Inbalnor
Tecnica y Comercio de la Pesca
Inarpi
Agripac
Gisis
Tropicalshrimp
Milanplastic
Thermocont
Principaux dossiers
- Acted on behalf of Grupasa Grupo Papelero with regard to an exemption from total income tax.
- Advised Inarpi on an application made to the National Customs Service.
- Advised TropicalShrimp in relation to an investment contract signed after the initial establishment of the company.
Census Consultores
Census Consultores offers extensive knowledge of tax regulations in Ecuador, representing clients in relation to tax returns, due diligence, assessment processes and mediation proceedings. John Arias Izquierdo and José Arias Uzcátegui head the practice from Guayaquil, where the team is sought by the likes of Spartan del Ecuador Productos Químicos, Papelera Nacional and Logban.
Responsables de la pratique:
John Arias Izquierdo; José Arias Uzcátegui
Les références
‘Experience, knowledge and team work.’
‘Personalised attention and immediate response to queries and actions. Both José Arias Uzcátegui and John Arias Izquierdo are willing to address business needs.’
‘They are attentive and concerned to solve issues quickly.’
Principaux clients
Spartan del Ecuador Productos Químicos
Logban
Papelera Nacional
Promesa
Consorcio C.C.E.C.C.
Bananapuerto
Lubrival
Surpapelcorp
Iasa
Derty
Aditivos solventes y sustancias químicas Adisol
Davmercorp
Ecuanobel
Emising
Industria procesadora Santay
Luderson
Resiquim
Landco Constructor
Absorpelsa Papeles Absorventes
Galarza-Mackay Company
Durini & Guerrero Abogados
Durini & Guerrero Abogados‘ tax and fiscal planning practice features Pablo Esteban Sánchez, with the team covering tax, customs and international trade matters for a roster of construction, medical, telecoms, oil and automotive clients. Key areas of work in this respect include tax planning, litigation proceedings, taxation aspects of M&A transactions and representation before the tax authority.
Responsables de la pratique:
Pablo Esteban Sánchez
Les références
‘Great knowledge of the sector. Appropriate and agile work within the requirements set.’
‘Excellent professionals with extensive knowledge of tax law.’
‘Personalised service and monitoring of the advice provided. Different alternatives are analysed for the benefit of the client, considering their needs.’
Principaux clients
CNO
Banco Pichincha
Nipro Medical Corporation
Banco General Rumiñahui
Banco Pichincha España
Conecel
Drillcotec
Automotores Andina
Credi Fe Desarrollo Microempresas
Emiliano Donoso
Donoso & Donoso
Peruzzi
Negocios Automotrices Neohyundai
Dinámica de Construcción Dinamiccomsa
Cooperativa de Ahorro y Crédito Cooprogreso
Recordmotor
EQR Equatoroses
Famosal
Cooperativa de Ahorro y Crédito 29 de Octubre
Principaux dossiers
- Representing CNO in three cases concerning income tax for the 2017 tax year and a payment for solidarity contribution tax on profits.
- Advised Banco Pichincha on income tax litigation for the 2014 and 2015 tax years.
- Handling a challenge against Nipro Medical Corporation for a settlement in payment issued by the SRI.
Meythaler & Zambrano Abogados
Meythaler & Zambrano Abogados places a large emphasis on the telecoms and pharmaceutical industries, representing major players in the region in judicial processes before customs authorities, the SRI and Ecuador’s Constitutional Court. Seasoned litigator Gabriel Pinto stands at the forefront of the practice, offering specialised advise on tariff classifications and claims in the pharmaceutical sector. Associate Emilia Larco, who joined in January 2022, is the sub-head of the group.
Responsables de la pratique:
Gabriel Pinto
Les références
‘The practice stands out for having a highly trained and experienced team in various fields of law, which allows them to offer personalised solutions to their clients. In addition, its commitment to excellence in client service is one of its main strengths.’
‘The firm has a great reputation for its commitment to excellence in client service and its ability to offer innovative and creative solutions. Regarding the specific qualities of their lawyers, all the members of the team are highly professional and committed.’
‘We have received excellent service and seen excellent staff collaboration.’
Principaux dossiers
Noboa, Peña & Torres, Abogados
The tax department at Noboa, Peña & Torres, Abogados features a multidisciplinary team noted for its expertise in the design of tax structures, with the group primarily sought by clients in the industrial, construction and agro-industrial sectors. Further areas of expertise include lawsuits, transfer pricing and the assessment of tax components in complex transactions, with practice head Patricio Peña Romero in particular applying knowledge gained at his previous roles at the national tax authority and Constitutional Court. Associate practice director Andrés Cortez adds 20 years of experience in national and international tax planning, while Verónica Zambrano draws on 12 years spent at the SRI to act on tax control and compliance issues.
Responsables de la pratique:
Patricio Peña Romero
Les références
‘The team stands out for its collaboration.’
‘They stand out for their commitment to their clients and to solving problems.’
‘The firm has experience in several tax cases, in addition to knowing the accounting and tax team of the company, it allows obtaining the information to support the cases or claims efficiently.’