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Update on Deductibility of Compensation and Fees for Legal Representatives

Attention to Companies in Ecuador!

We want to keep you informed about the latest legal updates that directly affect your business. Starting from July 20, 2023, the Department of Norms and Consultations of the General Directorate of the Internal Revenue Service issued a key communication (Letter No. 917012023OCON001932) in response to a relevant query (No. 1170120230744808).

What does this mean for your company? If you are part of the pharmaceutical, telecommunications, health, agriculture, or similar fields, pay attention:

  1. Employment or Civil Relationship with Legal Representatives: It is now possible to establish an employment or civil relationship with the Legal Representative of your company, according to the Labor Code and Circular No. NAC-DGECCGC22-00000004 issued by the Tax Administration.

  2. Deductibility of Compensation in Employment Relationships: If your Legal Representative is in an employment relationship with the company, the amounts designated for salaries, wages, and other compensations are deductible. But there's an important detail! You must ensure that the payment of employer contributions to the Ecuadorian Social Security Institute related to these items is justified.

  3. Deductible Fees in Civil Relationships: If your Legal Representative has a civil relationship with the company, the fees they receive are also deductible. However, it's crucial that these fees are backed by invoices issued according to tax regulations. In this case, there's no need to make payments for employer contributions to the Ecuadorian Social Security Institute.

This legal update has a direct impact on your business and can influence how you manage your relationships with Legal Representatives. We're here to help you understand and implement these regulations effectively. Our legal team is ready to answer your questions, provide guidance, and ensure that your company complies with these new guidelines.

At Meythaler & Zambrano Attorneys, we are committed to keeping you informed and providing specialized advice in this complex legal environment. Don't hesitate to contact us for personalized and clear assistance in this ever-changing legal and tax landscape.

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Legal disclaimer

The content of this blog is provided for informational and educational purposes only and should not be considered legal advice. Regulations in Ecuador are subject to changes and updates that may affect the applicability and accuracy of the content published here. We do not guarantee that the information presented is accurate, complete or current at the time of reading. Therefore, past postings should not be construed as necessarily reflecting current regulations. We strongly recommend that you consult with our qualified attorneys for specific and personalized advice.

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