Edwin O. Figueroa-Álvarez

Biography

He provides tax advice to a broad client base that ranges from local to multinational corporations, including Fortune 500 companies, to  emerging businesses in a diverse number of industries, including technology, e-commerce, energy, renewable energy, retail, manufacture and pharmaceutical companies. 

For over 10 years Mr. Figueroa has developed a solid sales & use tax practice, developing an expertise in Puerto Rico’s integrated tax compliance platform know as SURI. He has also handled complex tax issues in reorganizations, M&As, financing, joint ventures, and real estate transactions.

He has developed tax strategies for start-ups and businesses seeking to establish operations in Puerto Rico, including businesses engaged in export services under the Puerto Rico Export Services Act (Act 20) and individuals and corporations relocating to Puerto Rico to take advantage of available tax incentives including  the Act to Promote the Relocation of Individual Investors to Puerto Rico (Act 22).  He has also assisted clients in the negotiations of tax incentives grants, tax agreements and tax rulings with government agencies and obtaining certificates for certain special tax treatment.

Mr. Figueroa participated in the drafting process of Acts 82 and 83 of July 19, 2010, which created the Puerto Rico renewable energy portfolio standard, and the renewable energy incentives regime, respectively.

He is an experienced tax litigator who has represented many clients in federal and state controversies related to income, municipal license, sales and use, property and construction excise tax deficiency and refund procedures.  His litigation experience includes all administrative and judicial aspects of the litigation, such as tax audits, assessments and examinations through administrative appeals and court proceedings and successful negotiations and settlement of tax disputes with all Puerto Rico taxing authorities.

He is an active participant of the Firm’s Pro Bono program, advocating and obtaining 501(c)(3) status for many non-profit organizations.

Mr. Figueroa is an adjunct professor at Inter-American University Law School teaching tax law in the J.D. program and has served as lecturer at seminars from the Puerto Rico Society of Certified Public Accountants.

Representative Transactions

• Member of the team that assisted and represented a major international retailer in a tax constitutional challenge before the federal court on Commerce Clause, Equal Protection, and Federal Relations Act grounds. See Wal-Mart Puerto Rico, Inc. v. Juan C. Zaragoza-Gomez, 174 F. Supp. 3d 585 (DPR 2016).
• Assisted in the tax related matters for the establishment of the largest wind farm in Puerto Rico to date.
• Member of the litigation team that represented taxpayers in tax deficiency litigation proceedings brought by the Puerto Rico Treasury Department, the municipalities, and CRIM.
• Assisted various clients in securing tax refunds owed by the Puerto Rico Treasury Department in light of Puerto Rico’s filing for protection under PROMESA’s Title III bankruptcy proceedings.
• Represented mass media client during administrative and judicial challenge of real property tax assessments on regular and digital advertising outdoor billboards, where the main controversy was a constitutional challenge of the valuation formula used by the taxing authority to impose the tax to the client’s property, as being contrary to the principle of uniformity in taxation.
• Worked with the coordination and design of strategy to promote a tax legislation that had direct impact on multinational retailers operating in Puerto Rico in matters related to sales and use taxes.
• Advised client on the design and structure of Puerto Rico business model for the import, storage, blending and distribution of petroleum and petroleum derivative products in Puerto Rico to maximize tax benefits, including the use of local tax exemption and foreign trade zone benefits.

Practices

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