03 November 2021

Peru’s President asks Congress for power to enact different tax measures

If approved, taxpayers should monitor the release of future guidance.

On 27 October 2021, Peru’s President asked Congress for the power to enact different tax measures. If Congress approves the request, the President would be able to enact provisions that would do the following:

Income tax law

Modify the rules for deducting expenses and costs for purposes of determining the corporate income tax

Modify the rates applicable to individuals for income derived from leasing of immovable property, passive income and any other Peruvian-source income

Tax dividend distributions between Peruvian corporations

Modify the rates and deductions applicable to labor income obtained by individuals

Modify the rates applicable to nonresidents for international activities performed partially in Peru and partially abroad

Regulate how associative contracts (silent partnerships) are taxed

Establish provisions for unjustified revenue

Modify the fair market value rules applicable to securities

Mining tax regime

Modify the mining tax regime, including revising the deductibility of the amount effectively paid as a mining royalty, a special tax on mining, and the so-called special mining burden

Small companies

Create a simplified income tax regime for small companies by allowing the use of electronic accounting books and records, as well as electronic payment vouchers

Value-added tax (VAT) and excise tax

Establish a mechanism for the collection of VAT in the digital economy (online platforms)

Extend the current VAT exemptions

Subject life insurance policies to VAT

Tax Code

Improve the Peruvian tax authorities’ powers in audits

Establish liability for tax advisors who participate in or develop tax avoidance schemes

Other tax measures

Improve the Tax Identification Registry

Modify the rules for using the Peruvian banking system in transactions carried out by taxpayers

Modify the provisions in Peru’s legislation for taxes imposed by local governments

Establish an accelerated depreciation regime for the aquaculture and forestry sector

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For additional information with respect to this Alert, please contact the following:

Ernst & Young Asesores S.C.R.L, Lima

Ernst & Young LLP (United States), Latin American Business Center, New York

Ernst & Young Abogados, Latin America Business Center, Madrid

Ernst & Young LLP (United Kingdom), Latin American Business Center, London

Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific

Document ID: 2021-6138