Rolando Ramirez-Gaston

Partner
VCard
PDF
  • Biography

    Biography

    Rolando regularly advises corporate and institutional clients on commercial and financial tax planning as well as on the tax aspects of mergers and acquisitions. He advises local and foreign clients on tax audits and tax proceedings on a regular basis before the Peruvian National Tax Administration, the Fiscal Court, the Municipal Tax Administration and the judiciary. Rolando’s practice focuses on the tax issues related to corporate deals, including mergers and acquisitions. He also counsels on tax matters for stock market transactions and financial derivatives, and on complex deals carried out by joint ventures and consortia on the construction sector.

    Practice focus

    Rolando is experienced in advising corporate and institutional clients on tax solutions for their business and financial transactions and on tax matters of major company mergers and takeover processes. He advises on Wealth Planning matters, tax procedures with the National Tax Administration, the Municipal Tax Administration and the Judiciary. He acts as consultant on tax matters related to capital markets transactions, and to the mining, oil and gas, retail and construction industries.

  • Experience

    Experience

    • Advised Invepar on the tax planning for the sale of its Peruvian subsidiary Linea Amarilla S.A.C. (a toll road company) worth USD 1.6 billion to optimize the shareholder's benefit.
    • Advised Milpo on the Peruvian legal and tax implications and the UK tax considerations, associated with the implementation of a certain silver streaming financing structure, pursuant to which Milpo Peru would incorporate a subsidiary in the United Kingdom (Milpo UK) and the last one would enter into a silver streaming agreement to fund a loan to Milpo Peru.
    • Advised on the tax framework for Pagos Digitales Peruanos’ mobile banking platform that allows for its use by all major Peruvian financial institutions and telecoms providers.
    • Advised in a loan portfolio comprised of mortgage loans from a local bank to a foreign bank. This mandate involved the creation of an investment fund to minimize the possible tax consequences and mainly to avoid the loss and the initiation of various tax-based certification procedures before the Peruvian Tax Administration.
    • Advised Peru’s leading university on the acquisition of 25.1 hectares of public land from the Public Goods State Agency (Superintendencia de Bienes Estatales) for the building of a Science and Technology Park.
    • Assisted in the defense of a multi-level sale company before the Peruvian Tax Authority who challenged the conference call services provided by a non-domiciled company to the client (and all the client’s entities around the world) arguing that they qualified as digital services (subject to 30% withholding tax), because it implied the use of the Public Telephone Switch Network - PTSN which at the same time uses a digital switching and thus is provided through the Internet.
    • The defense was successful at an audit level. The tax team proved that such net is not similar to the Internet and thus one of the necessary requirements for a digital service to qualify as such was not met.
    • Our tax team successfully represented the Joint Venture comprised of 3 large engineering and construction corporations in a tax claim procedure against the Peruvian Tax Authorities’ assessment of USD 10.5 million dollars of taxable income allegedly not recognized by our client, which ended in the Peruvian Tax Court’s reversal of the aforementioned Peruvian Tax Authorities’ decision, as well as any penalties derived therefrom.
  • Publications

    Publications

    • "Sumas y restas tributarias," Newspaper El Comercio, 2016.
    • "Una Razon Social Basta," SEMANAeconomica, 2016.
    • "La Amenaza Fantasma," SEMANAeconomica, 2016.
    • "La Certificacion de Costo en Enajenaciones Indirectas," Newspaper Gestion, 2015.
    • "Taxes, exonerations, and clear rules," Reply to the editorial in Gestion, 2009.
    •  Co-author, "Dividends," Athina magazine of Universidad de Lima, 2008.
    • Co-author, "Tax Implications in the Income Tax in the Cession of a Credit in favor of a NonResident Individual," Paper presented at the X National Days of Tax Law at the Peruvian Institute of Tax Law - IPDT, 2008.
    • Co-author, "Application of the 4.99 per cent rate," Diario Oficial El Peruano, April 2007.
  • Additional Information

    Additional Information

    Experience

    • Partner at Estudio Echecopar law firm since 2007.

    Presentations

    • Speaker, "17th LA Tax Conference," Miami, 2016.
    • Speaker, "Expenditure on Research and Development & Other Intangibles," XI Annual Congress of Business Taxation (CATE), 2016.
    • Speaker, "Derivative Financial Instruments Taxation," VI Annual Congress of Business Tax Cate, 2011.
    • Speaker, "Mining Industry: Inbound & Outbound Investment," fourth Annual US – Latin American Tax Planning Strategies, Miami, USA, 2011.
    • Speaker, "Project of law over the new regulation of the participation of utility workers," Human Resources Committee of the National Society of Mining, 2011.
    • Speaker, "Indirect Disposal of Shares," Universidad Peruana de Ciencias Aplicadas for the Asociacion Juridica magazine, 2011.
    • Presenter, "Course on Income Tax on Capital Gains," Conference in the Center for Stock Exchange Studies at the Lima Stock Exchange, 2010.
    • Lecturer, "Course on Income Tax on Capital Gains," Themis magazine of the Pontificia Univesidad Catolica, 2010.