Tax Newsletter - March 2026
Themes
RULES OF INTEREST
New Regulation of the Public Works Tax Law
Through Supreme Decree No. 038-2026-EF, published on March 13, 2026, the new Regulation of Law No. 29230, the Public Works Tax Law, is approved, with the purpose of aligning its regulatory framework with the amendments introduced by Law No. 32460.
Among the main changes in tax matters, the following stand out:
- Public Investment Certificates (CIPRL and CIPGN).- The rules regarding the issuance, registration, and use of the certificates are clarified. Regarding the latter, their use for the payment of Corporate Income Tax, VAT (IGV), Selective Consumption Tax (ISC), Temporary Net Assets Tax (ITAN), and the Special Mining Tax is regulated, as well as the procedure for calculating the 80% limit applicable to their use. The recognition of an inflation adjustment is also regulated in cases where the certificates are not used within a single fiscal year. Likewise, the procedure for requesting their endorsement or installment use is established.
- Determination of the Recognizable Investment Amount.- The regulation introduces provisions affecting the determination of the amount that will give rise to the issuance of certificates, including: (a) the regulation of project management costs assumed by the private company, and (b) the settlement procedure of the investment agreement, which allows establishing the final amount of the investment recognized for tax purposes.
Aspects related to the payment or offsetting of VAT (IGV) and Municipal Promotion Tax (IPM) applicable to the use of services provided by non-domiciled entities are regulated, and modifications are introduced to the deadline for reversing electronic purchase invoices.
Through Superintendency Resolution No. 000047-2026/SUNAT, published on March 27, 2026, and effective as of July 1, 2026, the following provisions, among others, are established:
- Mechanisms are introduced aimed at ensuring that, in the case of VAT (IGV) and Municipal Promotion Tax (IPM) levied in Peru on services provided by non-domiciled entities, as well as IGV and IPM withheld in transactions involving the issuance of purchase settlement vouchers, the payment or offsetting of such taxes against available credit balances is linked to the corresponding payment receipt or transaction. For this purpose, the use of electronic tools is established, such as Virtual Form No. 1662 and a new informational module implemented by SUNAT, in order to improve the traceability of tax payments and facilitate their inclusion in the Electronic Purchase Register generated through the SIRE system.
- It is also established that the IGV and IPM applicable to the use in Peru of services provided by non-domiciled entities may only be paid through SUNAT Virtual, subject to the prior submission of the corresponding informative return. The amount paid or offset may be used as a tax credit from the taxable period to which such payment or offset corresponds, provided that the requirements established under the VAT regulations are met.
- In addition, Declara Fácil Form No. 617 is amended, and the legal deadline for submitting to SUNAT the daily summary of reversals of electronic purchase settlements issued in error is reduced from seven (7) to five (5) calendar days, counted from the day following receipt of the CDT with accepted status.
New Information Submission Program – PEI WEB
Through Superintendency Resolution No. 000049-2026/SUNAT, published on March 31, 2026, the Information Submission Program to SUNAT – PEI WEB is approved. This program replaces the Information Submission Program (PEI) regulated by Superintendency Resolution No. 159-2017/SUNAT.
As of the effective date of the new program, the following documents and information must be submitted exclusively through PEI WEB: (i) the Summary of Printed Invoices; (ii) the Summary of Purchase Settlements; (iii) the Summary of Authorized Documents; (iv) the copy of the ME ticket issued through the SEE – Electronic Wallet (SEE-ME) and, where applicable, the electronic credit note issued by the Electronic Service Provider; and (v) the copy of the POS ticket issued through the SEE – Final Consumer system (SEE-CF).
Likewise, any other declaration, communication, document, or information must also be submitted through PEI WEB, provided that the applicable regulations expressly require this submission channel.
These provisions enter into force on August 1, 2026, from which date any reference to PEI shall be understood as referring to PEI WEB.
NATIONAL NEWS
Importation of Goods under “Turnkey” Construction Contracts
Through Report No. 000016-2026-SUNAT/7T0000, SUNAT issues an opinion regarding the application of the VAT (IGV) exemption established in section (w) of Article 2 of the VAT Law, within the framework of construction contracts executed under the “turnkey” and lump-sum (fixed-price) modality.
- The application of the aforementioned exemption requires that the project owner does not qualify as the importer of the goods supplied by the contractor, given that the latter assumes overall responsibility towards the client for the execution and commissioning of the work. The imported goods must constitute inputs for the provision of the service, the value of which is included in the total consideration subject to VAT as the use of services, thereby avoiding double taxation.
- If the contractor’s responsibility is not comprehensive and the client directly imports the goods, the legal assumption established in section (w) of Article 2 of the VAT Law is not met, and the exemption becomes inapplicable.
JURISPRUDENCE
Inapplicability of the interquartile range to prior fiscal years and limits on the use of OECD Guidelines (Cassation No. 27181-2024, Lima)
The Fifth Transitory Constitutional and Social Law Chamber analyzed a case involving a transfer pricing adjustment made to the supply of electricity between related parties in 2005. The Tax Administration carried out the adjustment using an interquartile range calculation. In this context, the issue was whether it was valid to apply such a range, given that it was incorporated into the Income Tax Law Regulations through Supreme Decree No. 190-2005-EF, which entered into force on January 1, 2006.
The Supreme Court concluded as follows:
- Given that Supreme Decree No. 190-2005-EF was not in force during the tax period under review, the application of a transfer pricing adjustment based on the interquartile range violated the principle of legality.
- The OECD Transfer Pricing Guidelines apply only for interpretative purposes, provided that they do not contradict or override the express provisions of domestic law.
- Even if they were considered applicable, the OECD Transfer Pricing Guidelines do not establish the interquartile method as the sole valid mechanism for determining the arm’s length range.
Refund request under the Peru–Brazil Double Taxation Convention (RTF No. 01361-8-2026)
The Tax Court concludes that, in order to apply the benefits of the Double Taxation Agreement between Peru and Brazil through a refund mechanism, it is necessary to submit a certificate of residence proving that the taxpayer held resident status in the other State at the time the service was rendered. However, it is not required that such certificate be issued at the date the payment or withholding was made.
Payment of commissions linked to customer financing: Non-deductible expense due to lack of causality (RTF No. 1685-12-2026)
The Tax Court concludes that payments made by a vehicle dealership to a financial company, in connection with financing granted to its customers, constitute non-deductible liberalities when: (i) the provision of a specific and direct service to the taxpayer is not proven, and (ii) it is not demonstrated that such commissions were incorporated into the sales price invoiced to customers.
A mere assertion of an indirect benefit, such as increased sales, does not satisfy the causality principle required for the deductibility of the expense.