During a television broadcast, Fernando Alarcón, legal representative of Exportadora Bananera Noboa, exposed his comments regarding the declarations of Carlos Marx, head official of the SRI, in national broadcast of the Ecuadorian Government on Wednesday 4 May 2011.
On April 22 of 2009, the SRI notified Exportadora Bananera Noboa that the $250,000 paid as Tax Income in the year 2005 was not the right amount. According to the SRI the true Tax Income to pay was $49,000,000
Bananera representative pointed out that the SRI is asking the company to pay the transfer pricing taxes. “According to the national and international legislation, if Exportadora Bananera Noboa sold the yellow fruit, it must be compared to other banana exporters who have also sold FOB, if this has not been done then it is a violation of the law.”
“Marx says that 3,000 audits to large companies and economics groups have been done with a total amount of$1´800,000,000 in debts. For this reason Marx keeps saying that there is no political persecution. However the fine that Exportadora Bananera Noboa must pay is illegitimate, the amount has increased to $220´000,000 and there is a tax of 49´100,000 when no other banana export company of Ecuador pays such a sum,” assured Fernando Alarcon.
The legal representative of Bananera Noboa also gave his opinion regarding the comments of the SRI Head official, when he said that the unpayment debt also affected their workers. Alarcon pointed out that the company had paid its workers the corresponding utilities that are reflected on their legitimate balance.
Alarcon stated that “Exportadora Bananera Noboa cannot and will not pay the 2005 assessment, since it is not a result of a technical and legal analysis. It belongs to arbitrariness.”
“The assessment that Marx expects to happen will not occur because Bananera Noboa has been denied his capability of litigation against such demand. The Law allows the contributor to use resources when their rights are being violated.”