JIMÉNEZ HIGUITA RODRÍGUEZ. Services Por olio. & asociados.

Transcription

1 JIMÉNEZ HIGUITA RODRÍGUEZ & asociados Services Por olio

2 Coming together is the beginning. Keeping together is progress. Working together is success. Henry Ford

3 Firm Overview Jiménez, Higuita, Rodríguez & Asociados is a firm specializing in the areas of tax, customs and foreign exchange law, composed of a team of experts in these disciplines, with more than fi een years of experience in advising na onal and foreign companies, public and private. Our Firm is based on the knowledge, experience and recogni on that its partners and associates have in these areas. Our service is personalized and comprehensive and is provided with professionalism, responsibility and commitment, consul ng the par cular needs of each client.

4 Our Prac ce Local and Interna onal Tax Advice Local and Interna onal Tax Planning Advice in customs ma ers Advance in foreign exchange Tax, customs and exchange disputes Family Equity Planning Tax Outsourcing Transfer pricing Corporate Law Labour consultancy, social security and UGPP audit

5 Local and Interna onal Tax Advice The objec ve of our services is to advise our clients permanently and comprehensively on tax ma ers, and to support them in the decision making of their businesses. Our advice will allow our clients to structure their strategic tax planning, through the mely acqui al of their tax queries and the analysis of alterna ves tending to op mize their tax burden. Likewise, we advise our clients in the proper compliance with the tax regula ons that are applicable to them, in order to avoid exposure of risks to the tax authori es. Tax advisory in na onal taxes Tax advisory in interna onal affairs, Agreements to Avoid Double Taxa on, impacts of the BEPS ac on plan in Colombia, among others. Advice on impacts of implementa on in Colombia of interna onal tax informa on exchange mechanisms, such as FATCA and CRS. Tax advisory in local taxes (industry and commerce tax, etc.). Review and/or prepara on of the income tax return. Accompaniment before Administra ve Authori es. Permanent Update on local and interna onal tax ma ers. Taxa on in non-profit en es (Universi es, Coopera ves, Founda ons, Corpora ons, etc.) with the tax reform (Law 1819 of 2016). Tax Due Diligence Services Tax services for individuals, tax aspects of expatriat workers of mul na onal groups. Special works (tax diagnosis, training in tax ma ers, etc.).

6 Local and Interna onal Tax Planning The objec ve of our services is to generate tax planning strategies in compliance with local and interna onal tax regula ons, and in this way op mize the tax burden of our clients in compliance with the regula ons that apply to them. Within our services in this area of prac ce can be men oned the following: Planning strategies for income tax purposes. Tax op miza on through op miza on of accoun ng policies in IFRS-IFRS. Implementa on of planning strategies making use of Agreements to avoid Double Taxa on. Tax planning through transfer pricing strategies and policies in a business group.

7 Family Equity Planning In this area of prac ce we focus on the structuring of family equity to respond to the needs of our clients, such as legal security, heritage protec on, succession planning, among others. Among the services we provide in this area are the following: Review of local and interna onal structures of family equity. Structure organiza on to manage family equity. Strategies of succession planning. Advice to "Family Offices". Tax aspects of family equity. Advice on the implementa on of "holding" structures or management of par cipa ons in other companies. Structuring of "trusts" abroad for patrimonial and/or succession planning purposes.

8 Labour consultancy, social security and UGPP audit In this area we intend to provide comprehensive advice on labor issues and social security of our clients, with special emphasis on social security contribu ons and parafiscal contribu ons associated with the payroll, charges that are subject to permanent control by the UGPP (Unit of Pension and Parafiscal Management). In this area of prac ce, the following services are provided, among others: Advice on individual labor law, employment contracts, wage exclusion agreements, special agreements in employment contracts. Labor aspects of expatriat workers. Collec ve labor law issues. Social security for local workers and expatriat workers. Preven ve audits in ma ers of social security, parafiscal contribu ons, to prevent future audits of the UGPP. Li ga on with the authority for the control of social security and parafiscal resources (UGPP).

9 Tax, customs and exchange disputes Our prac ce of tax, customs and exchange li ga on is led by professionals with extensive experience before administra ve authori es - na onal and territorial - and judicial in the accompaniment, advice and representa on of natural persons, legal en es and economic en es in ma ers of: Na onal taxes All types of territorial taxes Customs du es Customs valua on Rules of origin Regime of free zones from the tax and customs point of view Foreign exchange regime for interna onal investments Exchange regime of foreign trade opera ons Special exchange regime Exchange sanc oning regime before the DIAN and the Superintendence of Corpora ons

10 Tax, customs and exchange disputes Our experience allows us to offer support services, advice and representa on, in each of the following stages within administra ve procedures and judicial disputes: A en on of the inspec on stage in ma ers of na onal and territorial taxes (prepara on of visits scheduled by the administra on and accompaniment in the performance of the proceedings). Prepara on, advice and advisory of the answers to the ordinary requirements. Prepara on of responses to the different administra ve acts that occur in the process of determining na onal and territorial taxes. Prepara on of responses to administra ve acts that occur within tax sanc oning processes. Prepara on of remedies reconsidera on against official liquida ons and sanc on resolu ons. Prepara on of the responses to the different administra ve acts that occur in the procedures for determining the legal status of the merchandise, inspec on and determina on of customs du es, determina on of origin, valua on disputes and, in general, all ac ons, including sanc oning nature, in customs ma ers. Elabora on of the answers to the different administra ve acts that take place in the sanc oning administra ve procedures before the DIAN and the Superintendence of Corpora ons in exchange ma ers. Judicial representa on for the elabora on and procura on in the processes before the conten ous administra ve jurisdic on. A en on in each of the judicial stages. Execu on of judgments in favor of the interests of our clients. Addi onally, our services include the elabora on of disputes matrices that will allow us to correctly evaluate the risks faced by our clients in each of the administra ve and judicial discussions that are ongoing.

11 Foreign Exchange Advisory JHR offers an integral por olio of services with which professional and specialized advisory is provided in foreign exchange ma ers, which allows iden fying possible con ngencies in rela on to compliance with exchange obliga ons and which facilitates the knowledge of the exchange regime. Our exchange services por olio includes: Accompaniment, advice and management in the channeling of foreign currency and their respec ve registers, in accordance with the procedures established by the authori es. Prepara on and revision of the change declara ons. Foreign exchange diagnosis that includes request for account statements or foreign investment, review of documents in order to establish foreign exchange responsibili es, review and analysis of the presented change statements, formula on of ac on plans and modifica on or change of declara ons, if it s possible. Assistance and advice in the handling of the compensa on accounts in which the account registra on is contemplated before the Exchange Sta s cs System (SEC) of the Colombian Central Bank, elabora on or revision of the forms of movements, closing of the account and prepara on and delivery of manuals for the management of the account and the SEC. Resolu on of inquiries regarding imports, exports, external indebtedness, interna onal investments and compensa on accounts. Outsourcing of exchange processes for the fulfillment of obliga ons before the Colombian Central Bank and other control en es (presenta on of exogenous exchange informa on, presenta on of forms of movements of compensa on accounts, transmission of informa on through the SEC). Representa on/advice in the sanc oning processes advanced by the control en es. Audit and diagnosis of the exchange opera ons processed by the company. Design of exchange strategies.

12 Customs advice Our goal is to become a strategic ally for our clients in the decision-making process in customs ma ers that allows the consolida on of planning schemes or strategies to op mize processes. Our services include: Basic customs advice that contemplates the resolu on of inquiries in rela on to the applica on of customs regula ons. Customs Due Diligence. Customs planning Advice in free zones. Advice in origin of goods.

13 Tax Outsourcing The main objec ve of our tax outsourcing services is to provide professional services that allow adequate and mely compliance with tax obliga ons in Colombia. Through our Outsourcing service, we will seek to improve the tax management of our clients, strengthening the processes of formal compliance with tax obliga ons, opera onal strategies, through efficient tax management, preven ng any type of fiscal con ngency for the organiza on with a achment. to the current regula ons. Likewise, we will conduct the Company in the analysis and determina on of the deferred tax. Prepara on of tax returns. Prepara on of Withholding Cer ficates. RUT (unique tax number) update Reconcilia on of tax items Permanent Update Tax planning Tax commi ees Review of the deferred tax determina on

14 Transfer Pricing The correct fixing of prices in transac ons between companies allows the par es to structure interna onal movements in an efficient fiscal manner. JIMÉNEZ, HIGUITA, RODRÍGUEZ & Asociados helps you to structure your transfer prices according to your needs and mi ga ng the risks that derive from them. Our transfer pricing service includes: Ini al diagnos c. Prepara on of the transfer pricing study. Prepara on of informa ve declara ons and exogenous informa on. Consul ng on transfer prices. Structuring of APAS. Interna onal tax planning based on transfer prices.

15 Corporate Law The area of corporate law provides advice in all ma ers of corporate law and business from a prac cal perspec ve and added value for our customers. Within our por olio of services, we find the following lines of business: Contractual aspects of corporate restructuring processes, such as mergers, spin-offs, contribu ons in commercial establishments, sale of commercial establishments, among others. Structuring of civil and commercial contracts. Crea on of corpora ons. Contribu on opera ons in kind (corporate and tax aspects). Foreign investment in Colombia. Special opera ons (corporate and tax structuring for the purchase and sale of businesses underway in Colombia).

16 Our Team Julián Jiménez Mejía Managing Partner Managing Partner, Lawyer of the Universidad de Caldas, and specialist in tax law and commercial law from the Universidad de los Andes. Master of Law with emphasis in taxa on from the Universidad Externado de Colombia. Julián has more than 25 years of experience in the tax area. He has been an advisor to important na onal and interna onal companies in various economic sectors. He worked in the Na onal Tax and Customs Office- DIAN and in mul na onal firms such as PWC and KPMG, in the tax and legal services areas. He served as managing partner of the Tax and Legal Services Area of Crowe Horwath for 13 years. Professor of the Universidad de los Andes, Javeriana and Externado de Colombia, lecturer of seminars organized by different ins tu ons of the country such as the Universidad Javeriana, ANDI, ANDESCO, FENALCO and invited lecturer by the University students' associa on of the Andes-UNIANDINOS and the Chamber of Commerce of Bogotá. Member of the Colombian Ins tute of Tax Law, of the Interna onal Fiscal Associa on - IFA and founder of STEP in Colombia. Likewise, he has wri en several ar cles for the tax magazine of Legis, and the magazine of the Colombian Ins tute of Tax Law. Jairo Alberto Higuita Naranjo Partner Partner, Lawyer of the Javeriana University, specialist in Tax Law of the Javeriana University, has more than 15 years of public and private experience in structuring tax planning figures, tax advice with important experience in capital market companies and financial He worked as legal advisor of the Tax Audit Division of the Special Tax Administra on of Large Taxpayers and served as manager and partner of the Division of Tax and Legal Services of Crowe Horwath for 15 years. His experience is supported by the constant par cipa on in training and conferences on tax law. He is a member of the Colombian Ins tute of Tax Law and IFA Chapter Colombia. Professor of tax law specializa on and master of economic law at the Universidad Javeriana and of the Specializa on in Interna onal Tax Management. Write in the tax magazine of LEGIS.

17 Carlos Giovanni Rodríguez Vásquez Partner Partner. Public Accountant of the Universidad Surcolombiana and lawyer of the Universidad Libre is a specialist in Tax Management and has more than 15 years of experience in the field of tax law as an official of the Na onal Tax and Customs Office -DIAN and in advising companies from different sectors and importantly in the infrastructure, automo ve and health sectors. Former official of the Na onal Tax and Customs Office -DIAN, of the Fund group of the Fiscaliza on Division. Former editor of the Tax Unit of Legis Editores S.A. and deputy director of the Magazine Taxes of the same house, author of the Magne c Media Book 2012, VAT Manual and billing for the years 2008 to 2016, withholding Manual 2008 to 2016, editor of the regime explained income, author of various ar cles of the tax magazine and interna onal accoun ng and audi ng journal. He served as senior manager of Crowe Horwath Co. Professor of different Universi es in Specializa on and Masters, Universidad Surcolombiana, Universidad Externado, Universidad Central, Universidad Santo Tomas. He is a lecturer in different forums and seminars organized by AP LEGIS, Employees Fund of the DIAN, Na onal Ins tute of Public Accountants INCP, Na onal Ins tute of Tax Law ICDT. Bibiana Buitrago Duarte Partner Partner. Lawyer of the Universidad Externado de Colombia, specialist in tax law and corporate law of the Universidad Externado de Colombia and the Universidad Javeriana respec vely, Master of Law with Emphasis in Taxa on from the Universidad Externado de Colombia. Her work experience is more than 15 years in the public sector and in the private sector, in tax ma ers in the areas of consul ng, li ga on, transfer pricing, exchange and in par cular in serving customers belonging to the securi es market, fiduciaries, non-profit en es and service companies. She worked as a lawyer for the Bogota Tax Office and advisor to the Na onal Tax and Customs Office -DIAN. She par cipated in legal reforms of the na onal tax regula ons, Law 788 of 2002 and Law 863 of 2003, in par cular, in the modifica ons and regula on of the transfer pricing regime. She served as Manager of the Division of Tax and Legal Services of Crowe Horwath for 10 years. Research member of the Fiscal Studies Center of the Fiscal Law Department of the Universidad Externado de Colombia. She has been a professor in undergraduate and postgraduate courses at the same University.

18 Daniel Felipe Ortegón Sánchez Associate Director Associate Director in the areas of Tax Consultancy and Li ga on. Lawyer, specialist and Master in Tax Law from the Universidad Externado de Colombia. He has more than 10 years of experience in ma ers of na onal, territorial and parafiscal contribu ons. Legal ex-director in charge of the Legal Management Department of the DIAN. He was Advisor to the General Director of the DIAN and member of the dra ing groups of laws 1607 of 2012, 1739 of 2014 and 1819 of He served as delegate of Colombia in the Indirect Taxa on Working Group of the Organiza on for Economic Coopera on and Development (OECD). He is a lecturer at the Universidad Externado de Colombia at the Enrique Low Murtra Seminar and the Expat Regime of the IFA. Jorge Alberto Benavides Romero Associate Leader Associate Leader, Accountant of the Universidad Javeriana and specialist in corporate tax law of the Universidad Externado de Colombia. He has experience in local and interna onal tax planning and advice, as well as in special structuring and due diligence projects, in various sectors of the economy, such as Oil & Gas, manufacturing and Telecommunica ons, among others. He has more than 16 years of professional experience. Prior to joining JHRCORP, his professional training took place in Deloi e, where he developed his skills in tax ma ers. He has been a professor at the Universidad Javeriana for the Public Accoun ng Career. Likewise, during his me at Deloi e, he ac vely par cipated as a lecturer in seminars for clients and staff of the Firm.

19 Andrés Pachón Luna Associate Leader Associate Leader, Lawyer of the Universidad Externado de Colombia and specialist in tax law and corpora ons of the Javeriana University. He has experience in local and interna onal tax advice, as well as in local and interna onal tax planning projects, in various sectors of the economy, such as infrastructure, stock market, and pharmaceu cal. He has more than 7 years of professional experience. Within his professional experience, his advisory and tax planning tasks stand out in several recognized firms in the market, such as KPMG, Godoy & Hoyos Abogados, and Crowe Horwath CO S.A. He has been an assistant professor at the Universidad Javeriana, in undergraduate and graduate classes. And has par cipated in publica ons in specialized magazines on tax ma ers, such as the tax magazine of LEGIS, and the tax law journal of the Universidad Externado de Colombia. Samuel Eduardo Tovar García Associate Senior Associate Senior, Public Accountant of the Universidad Surcolombiana and specialist in Tax Management of the same University. Samuel is a specialist in Financial Administra on from the Universidad EAN. He has a diploma in IFRS from the Universidad Surcolombiana - IFRS Master and a Cer ficate in IFRS from ICAEW (Ins tute of Chartered Accountants in England and Wales). He has over 10 years of experience in the areas of taxa on and audi ng in companies of various sectors (industrial, commercial and services). He worked with the fiscal review team of the Roa-Florhuila organiza on, for more than 5 years. He served as the Na onal Tax Coordinator of the Coomeva group. He worked as Senior and Manager of the Legal Services and Tax Division of Crowe Horwath CO S.A. He is an undergraduate professor in the School of Public Accoun ng at Universidad Santo Tomás. Lecturer at seminars of the Colombian Ins tute of Tax Law and has been a trainer on various tax issues to clients of the firms with which he has been linked in a professional manner.

20 Carolina Mar nez Alvarado Associate Leader Associate Leader, Lawyer of the Universidad Externado de Colombia, specialist in tributary and customs law. Candidate to master s in financial, banking and securi es law and currently pursuing a specializa on in conten ous administra ve law at the Universidad Externado de Colombia. She has experience in tax and commercial advice in the public and private sector, with more than 7 years of experience. Carolina also has experience in tax and commercial advice in the public and private sector. Former editor of the Tax Unit of Legis Editores SA, author of the Magne c Media Book 2012, Manual of Reten on in the Source 2013, editor of the Explained Income Regime, the Tax Procedure Regime and the Colombian Tax Regime for Sales and author of various ar cles of the magazine taxes. Teacher and Research Member of the Fiscal Studies Center of the Universidad Externado de Colombia. Professor at the same University and at the Universidad de la Sabana and lecturer in different courses and seminars. Jairo Alberto Murcia Duque Associate Senior Associate Senior, Public Accountant of the Universidad Central and specialist in tax law of the Universidad Javeriana. He currently works as an Associate of the firm, has over 9 years of experience, which has played in various sectors of the economy, working for various mul na onals, in tax and accoun ng issues (IFRS and USGAAP) He worked in consul ng firms such as Deloi e, Crowe Horwath and Brigard & Urru a, and has experience in mul na onals from various sectors of the economy. Conferences of AP Legis, assistant in conferences for the ICDT and the INCP, addi onally with academic experience impar ng diverse subjects in the Universidad Central.

21 Natalia Rojas García Associate Junior Associate Junior, Economist of the Universidad Nacional de Colombia. Specialist in Financial Administra on from Universidad de los Andes, she also studied a diploma course about Colombian Tax Regime at the Universidad Javeriana. She has par cipated in interna onal trainings of transfer pricing. He has more than 10 years of experience in transfer pricing, leading projects for na onal companies and regional groups from different economic sectors, especially tex les, hydrocarbons and infrastructure. She has worked in companies such as CROWE HORWATH, GRANT THORNTON and KPMG, suppor ng tax planning and financial valua on projects. She is a transfer pricing trainer for different companies in the country and has par cipated as a transfer pricing instructor in seminars organized by different Colombian ins tu ons. Natalia is currently in charge of the interna onal taxa on module of the Universidad Santo Tomás Bucaramanga in the Tax Management Specializa on.

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23 JIMÉNEZ HIGUITA RODRÍGUEZ & asociados Bogotá D.C., Colombia Calle 93B # Piso info@jhrcorp.co