Tax

Our tax group has extensive experience in all aspects of tax law, earning a reputation of providing efficient and practical advice to a diverse client base, including multinational companies, financial institutions, private equity funds and individuals. Our tax expertise is confirmed by the recognitions received and our rankings in the legal and tax directories, such as the “Venezuelan Tax Firm of the Year” of 2014 and 2019 awarded by International Tax Review.

Corporate Tax. We counsel on the tax implications of corporate reorganizations, financings, acquisitions, spin-offs, joint ventures, and other local and cross-border transactions. We continuously work with our colleagues from other practice areas, particularly advising on the tax issues of the M&A and energy transactions handled by our Corporate and M&A group.

International Taxation. D’Empaire is a leader on international tax matters. One of our partners was part of the Venezuelan team that concluded the negotiations of the U.S.- Venezuela tax treaty. We have remained in the leading edge of innovative international tax work, working closely with international banks, multinationals and leading firms of other jurisdictions.

Tax Litigation. Our tax group brings years of administrative and judicial experience in tax ligitations, including one former alternate Justice of the Venezuelan Supreme Court. We have represented major corporations in numerous successful tax litigations, including multi-million dollar transfer pricing disputes, which have contributed to D’Empaire’s awards such as the “Venezuela Transfer Pricing Firm of the Year” of 2017 and 2018 awarded by International Tax Review.

Members of our tax group regularly publish and lecture on emerging tax issues, and actively participate in the work of local and international tax policy groups, such as the Venezuelan Tax Law Association and the International Fiscal Association.

Examples of representations include:

• The Kraft-Heinz Company, in a transfer of shares between related entities
• Weatherford, in a litigation against an income tax assessment issued by the Venezuelan tax authorities, in which the tax court ruled in favor of Weatherford
• Coca-Cola FEMSA de Venezuela, in a multi-million dollar transfer pricing litigation where the tax court ruled in favor of the company
• Maurel & Prom, on the tax issues of the acquisition of Shell’s stake in a Venezuelan oil joint venture
• Pirelli, on the tax issues relating to the sale of Pirelli de Venezuela
• JGC Corporation, in a transfer pricing investigation where the tax authorities conceded in full
• Mapfre Seguros, in the tax implications of several transactions of its Venezuelan insurance company
• Bristol-Myers Squibb, in several transactions involving its Venezuelan subsidiary
• Liberty Mutual, in the tax implications of the proposed sale of its Venezuelan subsididary Seguros Caracas de Liberty Mutual
• Bancaribe, in several national and municipal tax ligitations
• A major investment bank, on the Venezuelan tax treatment of coupon payments of PDVSA Bonds