Alvaro Noboa

IRS Notified to Noboa's Banana Company the Payment of Gloss, a Prelude to Seizure

The Internal Revenue Service (IRS) began yesterday the coercive process against Exportadora Bananera Noboa. Yesterday met one week since the director Carlos Marx Carrasco announced that the company owes to IRS $ 85 million for the gloss of the 2005 tax year.

An official of the Legal Department of IRS gave to the head of Foreign Trade of the company, Kleber Ortega, the notification of payment, the document under which the IRS tells the taxpayer its debt.

The officer arrived at 11:50 to the 7th floor of Atlas building, where are the offices of the banana company of Álvaro Noboa, Prian leader.

The government employee only had to cross the street, because the regional of IRS is adjacent, on the side of av.Francisco de Orellana, north of the city.

Without giving statements to the press, the IRS official retired, as the legal director of the exporter Company, Fernando Alarcón, commented that the document will be revised to define the actions of defense.

However, he ratified their questions to the gloss, saying that during the tax assessment (audit), "the IRS committed very serious technical and legal errors."

And he explained again that the Internal Revenue is based on a price of yellow fruit, the company export unripe fruit (which is not yet mature). For this reason the defense of the Company presented a petition to IRS asking for a judicial review on Monday. According to Alarcón, the Tax Code prohibits the initiation of a coercive when is pending a judicial or administrative proceeding.

Alarcón insisted that the order issued by the Second Chamber of the District Tax Court is not enforceable, but today is accomplished, so three days after, the defense presented an order of revocation.

Due to the action of the Chamber, Alarcón announced today that he will lodge an appeal cassation. IRS sources explained that yesterday was raise the first of three notifications, and that after the last one they will wait three days more in order to the company can cancel the debt and if not it will be proceed to the seizure of assets equal to total debt.

In Quito, Luis Noboa, Assemblyman from Prian, and nephew of the banano businessman, said that he will call to the Assembly to Carrasco, with the objective of explaining him the methodology used in the glosses.