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March 25, 2022
2022-5307

Peru issues rules for reporting ultimate beneficial owners for 2022 and 2023

The resolution sets out the net income thresholds for reporting ultimate beneficial owners in 2022 and 2023. Taxpayers should be aware of the new threshold amounts.

On 3 March 2022, the Peruvian tax authority published Resolution 41-2022/SUNAT, which regulates the filing of the form for reporting ultimate beneficial owners for tax years 2022 and 2023.

Background

On 2 August 2018, Peru enacted Legislative Decree 1372, which requires Peruvian entities to report the individuals who are their ultimate beneficial owners to the Peruvian tax authority by filing a special form. An individual is deemed a beneficial owner if he/she holds at minimum 10% of an entity’s capital.

Resolution 41-2022/SUNAT

For tax year 2022, entities with more than 1,000 Tax Units (approx. USD 1.2m) in net income in the previous tax year must file the form in May 2022. Entities with 500 Tax Units (approx. USD 610k) to 1,000 Tax Units (approx. USD 1.2m) in net income in the previous tax year must file the form in August 2022.

For tax year 2023, entities with more than 300 Tax Units (approx. USD 366k) in net income in the previous tax year must file the form in May 2023.

Net income is the highest of:

  • The sum of net sales or service income, financial income and income from the disposal of securities or fixed assets in the previous tax year

  • The sum of net taxed sales, non-taxed sales and exports shipped during the tax year minus discounts in the previous tax year

  • The sum of amounts declared as net income in the monthly advance income tax payments made in the previous tax year

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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

 
 

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