Press Conference Banana Exporting Legal Director Dr. Fernando Alarcón Noboa



I want to refer to this, once again, as you have appreciated in the press, a carpayment has started, not withstanding that as it was found on previous occasions for determining the tax administration act for the year 2005 is not yet because the order of executory may 11 issued by the judge of the second fiscal courtroom. still not enforceable, the process is vented still at the tax court. we presented on such action auto two: the first era he had deduced a petition for annulment to revoke the car had been issued since is unquestionably void.

Request that we present and therefore denied yesterday the appeal against this caris not enforceable. the appeal is to stand as apurpose the decision or order of thenational court, in order to identify if thiscar that judge is null or not, that meanstherefore – it-repeat-determination that’s car that is intimately linked tax with this car may 11 is not yet enforceable.

Determining tax – obviously we brought-suffersof technical and legal terrible mistakes, because the methodology applied tointernal revenue service is wrong, sowrong, that as he found on previousoccasions, and expressly recognized as therevenue service findings in internal auditingflowers exporters against initiated in whichdeterminations not be concluded that applydatabase glosses void, and so as we see thatalso has started other findings against taxfirm-export and assume that is just becausethe internal revenue service is aware of themethodology to began to be set for this itemis not right transfer-and see you agree to the web site’s own internal revenue service,that the companies have banana exportingpaid taxes in order: dole $ 700,136, exportbanana noboa $ 259,218, kimtech representingthe mark le fruit $ 51,143, chiquita $ 39,500 nelfrance $ 32,276, banafresh $ 24,745, reibanpac $ 14,219 bandecua $ 11,748, fruit rica$ 3,547, isbelni $ 851, banana exchange $ 715, 80.

Is not our intention obviously that also applytransfer pricing adjustments for othercompanies to export, because if the internalrevenue service aims to do this anddetermine dimensions gloss of you know justwhat i would do is break the banana industryecuador, so i repeat, do not mind that we willmake these findings – based on thesemistakes – against the other firms export, it would be terrible for the socialconsequences, obviously it generates, unemployment is the miles and milesworkers.

Very clear and he told me in the first placeand he indicated that one of the reasonswhy could not begin the process is becausecoercive act still not in determining tax firmis the sole and other provisions of the codeexpress tax. a process for recovery of tax obligations starts with the issuance of thetitle of credit to be advised to taxpayerswith what purpose? tax code says “to thisclaim that the debtor” make observations rightto title or for release, which is the law thatwe could have alleged that just is pendingas well as in the judicial instance administrative areas. claim and appeal still ongoing andexpressly says so in the tax code article 149″are currently pending while an administrativeclaim or remedy will not be issued titlecredits reporter: now the notices were given the same, no, and with all that?

If you have reached the notices, go back and repeat, here is further expressly violationbecause the tax code should begin in thecollection of tax obligations allegedly owednoboa banana exporting to the issuance of the title of credit after tax code that saysserved with the title had not paid in threedays and no dice in 8 days in order to havethe taxpayers filing your comments or claimthe title of credit after this happened thenbegins compulsory process.

At first but you cannot take this as well asdirector general announcing the lord ofthe internal revenue service. have yet toget the first to expect this happens coercive process, because according to art 213 tax code, i canfile exceptions to the procedure ofcollection based on that, says expresslyagree to article law, pending resolutionprove when a claim or remedy administrativelaw says that, therefore we started to thisprocedure coercive – regardless of whatthe law says – we will present the trialpertinenete exceptions. what is the effectof the judgement of exceptions article 214:”exceptions are filed suspend the procedure of execution because, because of the competitivesale of tax administration, once thejudgement has been filed exceptions and you need to go back to process tax court”.

We are the actions and resources that thelaw expressly gives and he that areidentified. yes i will explain why appealapplicable law in your article 2, states: “appealto the appropriate when a judgement ororder ends process of knowledge, thatmeans a process of knowledge, that thetrial is has begun, the national court ofjustice to be made as promptly. yo i havefiled the appeal and express and processindicates that begins when scoring thedemand and notice to the other party in theprocess. you can see that the claim wassubmitted by banana noboa qualified andnotified the internal revenue service, that is, he has met the core budget for a trialbegins, therefore if the process is initiatedunder case law says this court nationalimplementation of fits perfectly appeal.companies act still contempla advantageously, freedom as you work with several business group companies. that is the crime of which idecide which one day with that company andnot going to export and decide to work withanother company to export object when mysocial status allows me to do it properlyapproved.

Finally wanted to point that i ask you lord todirector general internal revenue serviceto their expressions in referring to item duesave composure, it is not possible to makeserious accusations that has done as thecompany has traditional behavior inclusiveof tax evasion is referred to the lordadvocate alvaro noboa like that in your genesleads performance ask carrasco economistlord be wise as appropriate and return toanalyze the topic at the strictly legal thathurt as we have shown express provisionsare in violation of law.

Thank you


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