Dispute over alleged Real Estate tax debt found in audit. Olaechea is advising IPC on a tax dispute against the Municipality of Callao, regarding a Real Estate Tax debt arising from a tax audit made by the counterparty. Assessing audit findings and drafting client’s defence: We analysed the findings of the tax audit made by the Municipality of Callao to draft the client’s defence strategy, challenging the debt before the counterparty. Our main argument was the illegal use of the tax audit findings to charge the client retroactively. Complaint before Tax Court of Appeals: We also assessed the probability of a successful outcome for the client in the case. We found that the chances of success were high before the Tax Court of Appeals. As anticipated, the Municipality maintained its decision, and we filed a complaint before the Tax Court of Appeals. Tax debts encompassing several fiscal years: This case is important to the client as it concerns tax debts allegedly arising from several fiscal years. Latest development: The case is pending judgement.

Tax notices for withholding employment income. We are advising the engineering company Arcadis on several tax notices issued by the Peruvian Tax Authority (SUNAT) regarding the withholding of employment income. Answering SUNAT’s notices: Our support consisted in analysing what response we would give to SUNAT, given that the requested withholdings should not proceed. Simulating maximum amounts to be withheld: We also simulated the maximum amounts that Aracadis could withhold from its employees, if necessary. Responsible for large projects in LATAM: Arcadis is present in Chile, Peru, and Panama. Our client has worked on large projects in the Latin American (LATAM) region with excellent services that combine design, consultancy, engineering, and project management. Latest development: We continue assisting the client with this matter.

Request for information over tax domicile. We are assisting the IHG in responding a request for information issued by Peruvian Tax Authority (SUNAT), regarding the client’s declared tax domicile. Analysis of potential tax haven: We also advised IGH on tax matters over business schemes in Peru. Particularly, we analysed the qualification of Delaware as a potential tax haven according to Peruvian regulations. In this regard, we worked with a Delaware law firm to carry out our analysis. As a result, Delaware was ruled out as a tax haven and was able to continue with the business scheme. Trusted tax advisor: IHG is a client to whom we provide ongoing tax advice. It is a client that constantly turns to us to resolve tax concerns and queries related to SUNAT requirements, determination of its Income Tax and IGV, operations with non-domiciled persons, issuance of Electronic Remittance Guides, etc. Latest development: We continue assisting the client with this matter.

Designing tax-efficient recruitment scheme. We are assisting Paka Apparel in designing a recruitment scheme for its trust and sales staff to generate tax efficiencies. Analysis of recruitment models and recommendations over expenses representation: We carried out an analysis of various models for the recruitment of personnel in Peru, such as the establishment of a new legal vehicle in Peru, and the contracting of outsourcing services, among others. We also make recommendations relating to expenses representation and other types of reimbursements involved in the client’s operations. Innovating with alpaca fibre: Founded in 2015 in Peru, Paka Apparel creates natural, all-purpose clothing for people who love the outdoors. The client is innovating with alpaca fibre and other materials that are healthier for people and the planet so that consumers can connect to our natural world, make more conscious choices, and support the communities where our products come from. Latest development: We continue assisting the client with this matter.

Fractioning tax debt of vineyard before SUNAT. We assisted the vineyard Viña Tacama in obtaining a fractionation of the tax debt before the Peruvian Tax Authority (SUNAT). In order to obtain this instalment, we advised the client on the constitution of a security interest in personal property. Internationally renowned vineyard: The Tacama vineyard covers an area of 200 hectares located in the Ica Valley, a fertile oasis surrounded by deserts, 300 kilometres from the Peruvian capital, Lima, 50 kilometres from the coast and 400 metres above sea level. Tacama has technology and advice from French experts and has won numerous prizes in international competitions. Latest development: Our management obtained positive results, since SUNAT approved the requested instalment payment.

Creating protocol to handle tax inspections. We are assisting HMF Smart Solutions in creatin a protocol for handling tax inspections. The purpose of this document is to serve as an informative instrument to provide adequate guidance for the inspection. The document is directed to HMF employees, service providers, and interns. Experienced German provider of communications solutions: With over 40 years of operations, HMF Smart Solutions is a German provider and manufacturer of mission-critical communication solutions. The client is present in 65 countries and currently handles over 1,500 projects. Latest development: We delivered our draft to the client, who is currently analysing it.

Services export analysis for IGV compliance. Olaechea provided legal assistance to E2open Peru—a leading technology company—to determine whether its services qualify as an export of services under the value-added tax (IGV) framework. Extensive review of documentation: The analysis involved an extensive review of documents provided by E2open Peru, including (i) details of its most significant non-resident clients, (ii) contracts signed with these non-resident clients, and (iii) payment receipts issued by E2open Peru to these clients. Conceptual analysis of services: Our firm conducted a thorough conceptual analysis of the services rendered by the client to assess whether they meet the criteria for export of services under IGV regulations. This determination was crucial to understanding whether the services are exempt from such taxation. Impact on client’s operations: This case was significant to E2open Peru as the client was structuring its operations in Peru. Determining whether its services qualify as export of services was pivotal for ensuring that they are not subject to IGV, thus influencing its operational and tax compliance strategy. Latest development: The analysis has been completed.

Compliance with tax authority requirements: We are assisting Universidad del Pacífico—a non-profit organisation providing educational services in Peru—in addressing specific regulatory requirements imposed by the Peruvian Tax Authority (SUNAT), including detailed reviews and responses to tax audits or requests for information. Our expertise ensures the client’s adherence to all compliance obligations, mitigating risks of penalties or disputes. Safeguard of tax benefits for educational services: Universidad del Pacífico is a longstanding client for whom we offer permanent tax advisory support. The client benefits from tax regimes promoting educational activities, which exempt its income from taxation. Our primary role involves ensuring compliance to safeguard these tax benefits. Tax planning and optimisation: Our support includes evaluating the client’s financial activities to optimise their tax position while remaining compliant with current tax laws. Strategic advice on tax exemption preservation: Our client benefits from two tax regimes designed to promote educational development in Peru, exempting its activities from Income Tax. Given this context, the key challenge lies in providing comprehensive support to ensure continued compliance with legal requirements, thereby safeguarding the tax benefits the institution has successfully maintained to date. Latest development: We are continuously advising the client to maintain its financial position.

Refund of income tax credit balance. Olaechea is assisting OLX Clasificados Peru with the preparation and submission of a request for the refund of its income tax credit balance for the 2023 fiscal year before the Peruvian Tax Authority (SUNAT). Analysis of tax losses and expense reviews: Our firm is conducting a thorough review of the tax losses carried forward, including an assessment of their origin and the financial transactions leading to their accumulation, as well as the causality, reasonableness, and proportionality of the expenses generating these losses to ensure compliance with the regulatory standards established by SUNAT. Preparation of refund request: We are drafting a detailed refund request, incorporating the findings of the analysis and aligning the application with SUNAT’s procedural and substantive requirements. Connecting millions of buyers and sellers in leading online marketplace: OLX Perú is the Peruvian subsidiary of OLX Group, a leading global online classifieds platform that facilitates buying, selling, and trading products and services. OLX operates in various countries around the world, and its Peruvian arm is a prominent player in the online marketplace industry in Peru. The platform allows individuals and businesses to post ads for items such as used goods, real estate, vehicles, jobs, and services. Latest development: The refund request is under review by SUNAT.

Compliance with tax obligation to report UBOs before SUNAT. Olaechea advised the Peruvian subsidiary of National Oilwell Varco (NOV)—a leading oil and gas (O&G) company—on meeting its 2023 tax obligation to identify and report ultimate beneficial owners (UBOs) before the Peruvian Tax Authority (SUNAT). Cross-jurisdictional analysis of ownership structure: Our role included a cross-jurisdictional analysis of the group’s shareholding structure across multiple jurisdictions to identify the UBOs in compliance with Peruvian tax regulations. Conducting due diligence and filing for tax returns: We also provided legal guidance on implementing an internal due diligence procedure to ensure formal compliance with reporting requirements. Additionally, our firm assisted in preparing and submitting the informative tax return on UBOs for the fiscal years 2023 and 2024. Protecting confidential information and avoiding sizeable penalties: This case is complex because it involves obtaining, handling and protecting confidential cross-jurisdictional information. Additionally, this case is important to NOV as an accurate and timely submission prevents the imposition of sizeable penalties based on the client’s net income. Latest development: Our firm successfully filed the final beneficiary declaration for the 2023 fiscal year.