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      Posse Herrera Ruiz is one of Colombian leading firms in agribusiness. We have advised international and local funds and companies in acquisitions of real estate or tenancy rights over long extensions of rural lands in several Colombian Departments such as Meta, Vichada, Antioquia, Córdoba, Sucre, Guajira, Atlántico, Bolívar, Caldas, Risaralda, and Valle del Cauca.

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      Posse Herrera Ruiz advises clients on a wide range of corporate, secretarial, contract, foreign investment, exchange controls and related matters. The Firm acts as regular outside counsel for many corporations in Colombia in distribution, manufacturing, chemical products, consumer products, service and health industries, construction, engineering, concessions, oil and gas, mining, power generation, financial services and telecommunications.

      Having a strong practice centered on trained and experienced lawyers, encompassing all areas of dispute resolution that span all industries and has worked in both national and international courts.

      The firm has a strong team of lawyers specialized in environmental, natural resources and energy law who regularly advice national and international clients in environmental matters related to M&A transactions (including environmental due diligence), the development of greenfield and brownfield projects (including environmental licensing and permitting), project and corporate financing (environmental compliance opinions, Equator Principles) and in connection with the operation and closure / abandonment of projects.

      The Firm has significant experience structuring, documenting and closing lending transactions governed by U.S. and U.K. law, and has experience in the design of complex multi-tier security packages under Colombian law.

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      We have a solid practice, in charge of lawyers familiar with the different insolvency procedures before specialized jurisdictions, who work together with the different areas of PHR that handle relevant and usual aspects of insolvency such as tax, labor, corporate and financial matters. This joint management allows us to provide comprehensive advice to clients that has an impact on their direct benefit.

      Insurance and reinsurance experience in Posse Herrera Ruiz covers advice on mergers and acquisitions of insurance companies, dispute resolution, both arbitration and litigation, insurance and reinsurance policy review and analysis, and regulatory compliance and auditing.

      Posse Herrera Ruiz’s Intellectual Property practice area has a true understanding of the issues involved in handling complex global patent and trademark portfolios. That is why it offers a proven, successful, business-oriented and cost-efficient centralized service for IP filing and prosecution in Latin-American and Caribbean countries, through a one-stop value generating solution.

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      We are part of Employment Law Alliance (ELA), the world´s largest labor law lawyer network. ELA provides multinationals  all around the world with an integrated and cost effective service through a network of lawyers who are leaders in employment, labor and immigration  matters in over 120 countries.

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      Posse Herrera Ruiz has earned a region–wide reputation in the structuring, negotiation and implementation of integration transactions, and has participated in many of the largest and more complex acquisitions and privatizations in Colombia as part of other multi-jurisdictional transactions.

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      Posse Herrera Ruiz is unique in the breadth of its experience in the various sub-sectors of the energy and natural resources space.  This allows us to remain ahead of our competitors and to have credibility with regulators (National Hydrocarbons Agency, Environmental Licensing Authority and Ministry of Mines and Energy) and industry federations (Colombian Petroleum Association, Colombian Mining Association), which we leverage for the benefit of our clients.

      We have a multidisciplinary work team covering corporate, tax, conflict resolution, real estate and labor law that allows us to structure, at the level of the company and of the family that owns it, tools or instruments to ensure that the assets remain under the control of a family group.

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      Posse Herrera Ruiz provides comprehensive tax services associated with ongoing business operations and tax planning for investment projects. Tax planning is an integral part of our comprehensive legal support for restructuring, sales, and acquisitions of Colombian entities. We are active in the negotiation of stability agreements with the Colombian government, and the structuring of investment and private equity funds.

      Posse Herrera Ruiz has opened the practice of White-collar crime with the purpose of providing our clients all necessary assistance in criminal law matters, a growing area resulting from the legislative policy of criminalizing conduct in segments of business such as tax law, urban, environmental, mining, oil, tenders, “compliance”, among many others, as well as the expansion of the concept of public resources and consequently of all sanctions or criminal actions related to the defense of these.

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      Posse Herrera Ruiz has extensive experience and specialized team of lawyers advising leading companies in the agro and forestry industries not only in transactional matters, but also in corporate, real estate and regulatory matters, projects structuring, investments and land acquisitions in this industry among others.

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      Posse Herrera Ruiz has advised leading food and beverage companies in transactional matters, corporate law, mergers and acquisitions, consumer protection, international commerce, and financing among others.

      Posse Herrera Ruiz has a leading role in all key segments in the oil and gas industry in Upstream Offshore, the firm represents some of the largest player in the basin. Upstream Onshore, and in conventional the firm retains long standing clients. Regarding Unconventional we represent clients with frack shale gas well activities in the Magdalena Valley. We are also very active advising clients in Midstream and Downstream activities.

      Posse Herrera Ruiz has been very successful as legal counsel for the structuring of public-private partnerships (PPPs), public procurement, public debt and governmental budget issues.

      Posse Herrera Ruiz has advised leading companies in these industries in transactional matters, mergers and acquisitions, corporate law and international trade among others.

      Posse Herrera Ruiz has advised leading pharmaceutical companies and health care providers in mergers and acquisitions, corporate law, consumer protection, international commerce, and financing among others.

      Posse Herrera Ruiz has advised leading companies in the manufacure industry in transactional matters, mergers and acquisitions, corporate law, and international trade among others.

      Posse Herrera Ruiz has advised leading retail companies in transactional matters, mergers and acquisitions, corporate law, competition and dispute resolution among others.

      Posse Herrera Ruiz has an experienced team of lawyers in all areas of the power industry, allowing us to provide specialized advice to clients.

      Posse Herrera Ruiz has advised leading companies in insurance and reinsurance matters in relation with mergers and acquisitions of insurance companies, dispute resolution, both arbitration and litigation, insurance and reinsurance policy review and analysis, and regulatory compliance and auditing.

      Posse Herrera Ruiz has an experienced team of lawyers in all areas of the mining industry, allowing us to provide specialized advice to clients.

      Posse Herrera Ruiz has advised leading companies in telecommunications, media and technology industry in transactional matters, mergers and acquisitions, corporate law and biding processes among others.

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MODIFICATIONS TO EXEMPT INCOME

News
November 3, 2018
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MODIFICATIONS TO EXEMPT INCOME

Corporate income tax 

New exempted profits are created for companies that develop technology and rural areas in Colombia. Some exempted profits are upheld and others are eliminated  

 

The Financing Law bill establishes that companies that develop technology and rural areas in Colombia, under the terms of the Law, will be exempted from the income tax for a period of 5 and 10 years respectively. Some requirements that highlight are: (i) the domicile and principal address must be within Colombian territory; (ii) it shall have an exclusive corporate purpose; (iii) be incorporated and start activities before 31 of December of 2021; (iv) have an annual  gross income lower than 80.000 UVT (2.652.480 COP); (v) hire at least 10 employees (other than administrative personnel); (vi) introduce the project to the respective Ministry in order to request for its approval; (vii) comply with minimum investing amounts, among others.

The exempted profit for the sale of energy generated by means of wind energy, biomass, agriculture wastes and solar energy, among others, gained by energy generators  would be for a period of 15 years counted from 2017 is upheld. Also, the exempted profits established in international treaties and profits derived from the first sale of low cost housing are upheld.

The following exempted profits will be eliminated: (i) gains on the transfer of real estate property to develop low cost housing; (ii) interests caused by low cost housing mortgages; (iv) profits derived from forestry projects, among others.

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