Lawsuit aiming to nullify client’s favourable court ruling. Estudio Olaechea is representing Toyota del Perú—a subsidiary of the Japanese multinational automotive manufacturer—in a proceeding brought against it by Peru’s National Superintendency of Tax Administration (SUNAT), which seeks to nullify a tax court resolution in favour of our client.
Tax recalculations tied to previous balance and payments: This resolution had ordered SUNAT to reassess Toyota’s 2010 Income Tax based on the outcome of its 2009 Income Tax assessment, specifically regarding the balance carried forward from previous years and advance payments made from March to December 2010.
Superior Court overturns unfavourable ruling dismissing counterparty’s claim: We secured a favourable ruling in the Court of Appeal. The Superior Court overturned an earlier unfavourable decision and dismissed SUNAT’s claim upon its appeal.
Significant controversy and complex tax comparability issues: The client has repeatedly described this as its most significant legal case currently pending. Toyota has entrusted us with a dispute involving a substantial controversy and a highly complex matter concerning the comparability analysis used to determine its liability.
Latest development: Our firm continues to advise the client on the matter.
