Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
(Spanish Version Available Here)
Starting in January 2015, Mexican taxpayers (including Mexican subsidiaries of our clients) are required to submit their tax accounting information electronically to the Mexican Treasury on a monthly basis. The first group of taxpayers that have to comply with this new requirement are Mexican companies that are not listed on a stock exchange and reported in 2013 annual revenues greater than 4 million pesos. These taxpayers must submit their tax accounting files electronically to the Mexican Treasury no later than March 3, 2015.
In addition to the administrative burden created by this new regulation, the Mexican Treasury will have the authority to control and have continuous access to a taxpayers’ tax accounting records, even without having previously initiated an audit against the taxpayer. Even if they wish to comply with this regulation, it is anticipated that many taxpayers may have difficulty adjusting their tax accounting records sufficiently to meet the requirements (which include requiring that tax accounting records be linked to electronic invoices). Therefore, this scenario could create legal uncertainty because these tax accounting requirements (or their modification) are left to the discretion of the Mexican Treasury.
In order to challenge this new requirement, a taxpayer may file a constitutional challenge lawsuit (amparo) against the Mexican Treasury and request an order suspending the obligation to submit its electronic tax accounting records on a monthly basis. The deadline to file an amparo lawsuit is February 12, 2015 or within fifteen days following the first time that the taxpayer electronically submits the tax accounting records to the Mexican Treasury.
Taxpayers that file an amparo lawsuit may be able to obtain an order staying the obligation to electronically file such information with the Mexican Treasury due to the fact that the Mexican Supreme Court of Justice has established a judicial precedent which requires that every amparo court grant a stay order for this type of matter.
This document is for information only. In case you have any questions regarding the aforementioned tax obligations, or regarding the constitutional challenge lawsuit (amparo), please contact the professionals listed below.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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