Senior Tax Lawyer
Mexico City
Advised on international tax planning for foreign companies with income derived from a Mexican source of wealth by conducting several corporate reorganizations, considering tax implications of the Mexican Income Tax Law (LISR), Value Added Tax Law (LIVA), Commentaries to the OECD Model Tax Convention, OECD BEPS Action Plan, Multilateral Instrument (IML), Principal Purpose Test Rule (PPT), General Anti-Abuse Rule (GAAR) and Limitation on Benefits Rule (LOB), to optimize the payment of taxes on income derived from capital gains, dividends, royalties, interest, leasing, salaries, and fees.Implemented mergers and spin-offs of companies by assisting our clients in filing the necessary IRS tax notices, gathering information, and complying with the requirements of the LISR to apply the 25% rate on gross income or 35% on net income; and for the deferral of the payment of income tax.Advised on practical recommendations regarding transfer pricing concepts, tax residence (Place of Effective Management/POEM), joint and several liabilities of directors and shareholders, informative tax reports on related party transactions, limitations to deductions in case of interest, and employment outsourcing strategies. Drafted several corporate documents (i.e., shareholders' meeting minutes, board of directors' meetings, corporate commissioner's reports, capital variation books, shareholders' registry and meeting minutes book, stock certificates, bylaws, powers of attorney, agreements, etc.), and financial documents. I also prepared multiple defense files to support the real legal events at the correct time to have defense arguments before the Mexican tax authorities in case of audits and/or litigation.