Corporate and Commercial Law
Setting up a business project with one or more partners is not only about negotiating how the profits will be distributed, but also about how to regulate the separation and completion of the project when losses make it unviable. Faced with this situation, companies need solutions with a practical approach, focusing on their business needs and under a global overview of the different applicable regulations
At Jiménez-Brito Abogados & Economistas we have extensive experience in the application of corporate law applied to the operation of companies.
Fiscal and Tax Area
Acting with solvency regarding tax and fiscal matters, which are usually complex and constantly evolving, requires a solid background in this branch of specialization. Specially, in the case of a tax system with as many particularities as the one in the Canary Islands.
At Jiménez-Brito Abogados & Economistas, we have almost 30 years of experience in Tax Law, which is necessary in order to act in all related areas of this sector with knowledge and ease. Not only do we know all the applicable regulations, but also their interpretation by the Tax Administrations and the Courts of Justice, which allows us to offer solutions to our clients using an integrated approach.
Specialities
Advice on the communication of census and personal modifications of taxpayers at the state, regional, municipal and cadastral levels.
Advice and assistance regarding the fulfillment of recurrent periodic tax obligations in the IRPF (Personal Income Tax), IS (Inheritance Tax), VAT, IGIC (Canary Islands Indirect tax), IP (General Property Tax) or IRNR (Income Tax for Non-Residents), as well as regarding specific and sector-related taxes such as the electric power industry.
Advice and assistance regarding declarations relating to assets abroad (form 720, declarations to the Bank of Spain and foreign investment regulations).
Advice on the strategy and planning of Tax Inspections and Disciplinary Proceedings, as well as in those cases of personal appearance and registration in the constitutionally-protected domicile of individuals and companies.
Tax due diligence in mergers and acquisitions.
Company reorganisations.
Taxation relating to both national and international Successions, Inheritances and Donations, applying autonomous tax benefits and with full respect for EU legislation and Double Taxation Conventions.
Economic Criminal Law – we provide advice on the procedural strategy and represent our clients before the Courts in cases of crimes against the Public Treasury.
Challenging Tax Liquidations and Inspection Reports, through administrative proceedings and before the Courts of Justice, regarding both state and autonomous or municipal taxes, with success levels higher than 80%.
Tax advice for Consolidated Groups.
Tax procedures
We believe this area of expertise to be key in our sector. That is why for many years we have challenged the different administrations when we consider our client’s tax settlements do not meet the Law. Tax procedures are a key part of Financial and Taxation Law.
These procedures explain the legal channel that connect the Tax Administration (state, regional or local) with taxpayers regarding tax settlements, inspection, collection, return or review, and potential sanctions due to the non-compliance with their payment obligation.
To assess if the tax returns issued by the Administration to tax payers are suitable, it is essential to know them all both in essence and in form.
Tax litigation
The high level of tax conflicts that exist today is well-known. We are aware that at present there is a high rate of tax conflicts that end up in in courts, where matters are then examined and clarified.
For years, tax conflicts have been increasingly solved in the courts. Administrative proceedings are not always the right way to proceed. Recently, we have seen how the review bodies of the Administration (central and regional tax appeal boards (TEAR/TEAC)) continue validating the mistakes that are caused by Management and Inspection Bodies, thus making it essential to go to the Courts of Justice to protect the rights of taxpayers.
Specialities
Advice and legal assistance in litigations before Contentious-Administrative Courts relating to:
- Challenging Tax Settlements by Tax Management Bodies.
- Challenging Tax Settlements from Tax Inspections.
- Challenging the transfer of tax liability of successors and administrators and due to concealment.
Advice and legal assistance in the design of the procedural strategy and defence in the investigation and trial phase in economic crimes (tax crimes).
Suspension of payment of liquidations and sanctions during the procedure or litigation.
Business assets and successions
It is an inevitable fact of life that businesses and people evolve and, while businesses can enjoy a long lifespan, people have an expiration date. Succession planning is therefore crucial regarding the management, administration and ownership of a business or corporate assets.
Financial-Accounting Department
We believe in collaborating closely with our clients, based on a relationship of trust to provide comprehensive support and assistance. To this end, our financial accounting department is able to keep a company’s accounts or provide advice through intensive and recurrent monitoring of our client’s activity. We have experience in bookkeeping for companies in different islands using an orderly documentation protocol supported by technological platforms which do not result in any additional costs for client. Our careful planning and experience allow us to keep accounts up to date, without any delays longer than a month, as required by the applicable legislation.
Likewise, we collaborate, assist or directly carry out the Accounting, Tax and Corporate Books of the entity, person or company, as well as the Annual Accounts that need to be deposited in the Business Registry.
