Taxation

PJSLAW's Taxation Practice developed from an extensive experience in tax consultancy and structuring for local and foreign investments. The Firm also provides advice and services dealing with tax assessments, protests, litigation and appeals on behalf of local and foreign clients. In addition, we have had substantial opportunity to work with the Bureau of Internal Revenue (BIR) acting as clients' tax agent to secure confirmatory rulings from the BIR, including tax treaty relief applications.

Tax Structuring

  • Acted as counsel to one of the largest Philippine real estate developers in relation to the successful tax structuring of a PhP6 Billion-real estate transfer transaction with a government corporation. We have also advised in relation to the sale of contract-to-sell receivables for purposes of securitization.
  • Participated in the negotiations for the sale to a Dutch international bank of a Philippine commercial bank, particularly advising the Philippine party on proper tax structuring and the successful application for rulings approving tax exemptions on transaction-related activities.
  • Acted as lead counsel in the negotiations for the purchase by a listed Indian conglomerate of one of the largest business process outsourcing companies in the Philippines. Work included advising the purchaser on the efficient tax structure for the transaction, drafting the transaction documents, assisting in the post-closing reorganization, and the successful application for tax rulings relating to the transfer.
  • Undertook legal due diligence review of target companies belonging to varied industries including those in the real estate, hotel, oleochemical, and renewable energy businesses, in connection with the acquisition of these companies by the Firm's clients, with particular focus on the tax liabilities of the target companies and the tax incidences relating to the structuring of the clients' investments.
  • Assisted several financial institutions and investment funds on their transaction cost analysis in relation to the sale and purchase of distressed assets, and rendered advice in the tax structuring of their investments in special purpose vehicles.
  • Conducted a due diligence review in relation to the privatization of a government-owned-and-controlled energy company, providing analysis of the various tax incidences relating to structuring of investments in a project company, sale of electric energy by a steam power generator and transfer of shares subject of the privatization.

Tax Consultancy and Advisory

  • Currently acting as transaction counsel to an international REIT in the structuring and acquisition of land with respect to its proposed construction of a first class serviced-apartments.
  • Acted as a tax consultant for global financial services firms in relation to various securities transactions. Work included the analysis of the tax implications of local trading of foreign issued securities and derivatives, such as bull-bear bonds and options.
  • Currently acting as legal consultant for call centers and business outsourcing companies by giving advise on investment incentives and related tax matters and representing them before government agencies including the Philippine Economic Zone Authority and the Board of Investments.
  • Rendered technical assistance in relation to proposed tax legislative and regulatory initiatives including the rationalization of tax and tariff duties on ethanol importation through the Subic Bay Metropolitan Authority.

Representation and Tax Litigation

  • Currently acting for various clients in relation to tax assessments and administrative claims for refund including representing clients before the Bureau of Internal Revenue, Court of Tax Appeals and the Supreme Court.
  • Acted as counsel for various clients in criminal cases filed by the Bureau of Internal Revenue for Tax Code violations.
  • With the Corporate, Energy and Litigation Practice Groups, provided legal advice and training on alternative dispute resolution (ADR), the Electric Power Industry Reform Act (EPIRA), the Bio-Fuels Act of 2006, and the Foreign Investments Act to lawyers in the Bureau of Internal Revenue Head Office.