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October 19, 2022
2022-5994

Peru Tax Authority publishes new High Risk Schemes under GAAR

  • The Peruvian Tax Authority has published an updated version of the list of high-risk schemes for tax planning that could be challenged under the Peruvian General Anti-Avoidance Rule (GAAR).

  • The updated list contains the five initial situations and eight new situations that are considered high-risk.

  • Taxpayers engaging in the respective transactions could be subject to challenge under Peru’s GAAR.

On 11 October 2022, the Peruvian Tax Authority published on its official website an updated version of the list of high-risk schemes for tax planning that could be challenged under the Peruvian GAAR).

Background

In February 2020, the Peruvian Tax Authority published the first version of the list with five initial tax planning situations (high-risk schemes) that would generate the application of the GAAR.

Updated list

The Peruvian Tax Authority updated the initial version with the publication of a second edition that included the initial five schemes and incorporating eight new situations.

The updated list includes a total of 13 high-risk schemes that could be challenged under the Peruvian GAAR:

  1. Deduction of payment of royalties in a brand/trademark use assignment scenario
  2. Transfer of a Peruvian company using a trust or similar entity
  3. Re-domiciliation of a company and use of Double Tax Treaties
  4. Assignment of trademarks and capitalization of credits
  5. Management contracts and management fees
  6. Assignment of a concession of an extractive industry (mining) with hidden payments for transfer of shares
  7. Sale and further repurchase of an automobile vehicle under a cancellation of contract scenario
  8. Direct transfer of Peruvian shares via capital contribution and subsequent capital reduction structure
  9. Artificial use of preferential tax regimes
  10. Loan via financial leasing structure
  11. Intermediation in the sale of minerals through an entity without economic substance
  12. Nonprofit entity making payments to an overseas supplier
  13. Transfer of real estate to the shareholder and further lease of said real state by the shareholder to the company

Taxpayers engaging in the respective transactions could be subject to challenge under Peru’s GAAR.

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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 LLP (United Kingdom), Latin American Business Center, London

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

 
 

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