On March 29, 2022, Supreme Decree Nº 081-2022-EF was published in the Official Gazette “El Peruano”, which adopts a New Single Ordered Text of Law Nº 29230, Law that Promotes Regional and Local Public Investment with Private Sector Participation (the “TUO”), a rule that regulates the regime of works for taxes in Peru.
The TUO is published pursuant to the First Final Complementary Provision of Legislative Decree Nº 1534 (the “DL 1534”). This regulation, which amends Law Nº 29230, provided, among other aspects, three main amendments, which are summarized below:
First, Article 7 of the TUO, now specifies the type of projects that may be financed, executed and/or proposed by private companies that enter into investment agreements under Law Nº 29230.
On the other hand, Article 10 of the TUO expands the sources of financing of the Regional and Local Public Investment Certificates – Public Treasury (“CIPRL”). In this way, the CIPRL shall have new sources of financing such as:
– Determined resources from the canon and/or over canon, royalties, customs income and shares received by the respective regional government and/or local government.
– Determined resources from funds received by the respective regional or local government.
– Determined resources from taxes collected by the respective local government.
– Directly collected resources, as established in the regulations applicable to such resources.
– Ordinary Resources, for the execution of investment projects and IOARR, under the responsibility of regional and local governments, provided for in the “Annex to the Distribution of Public Sector Budget Expenditures by National Government Programs at the Product, Project and Activity Level” of the annual budget law, whose schedule for the issuance of CIPRL begins in the fiscal year for which the resources referred to in this paragraph were foreseen.
Finally, pursuant to Article 14 of the TUO, the General Directorate of the Public Treasury of the Ministry of Economy and Finance is authorized to use the new sources of financing for the issuance of CIPRL.
For further information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Alejandro Manayalle (amanayalle@estudiorodrigo.com) or Diana Briones (dbriones@estudiorodrigo.com).
