Financing of micro, small and medium-sized enterprises (MSMEs).- The Emergency Decree No. 013-2020 establishes the following promotional measures for MSMEs:
i) Access to financing is established through an invoice, regulating the issuance and term for its payment as well as its registration with a Securities Clearing and Settlement Institution, among other aspects.
ii) Improvement of the operating conditions that facilitate the use of the Negotiable Invoice.
iii) It grants quality of securities certificate to the purchase order and/or service issued by the State entities, and in this way the suppliers that are MSMEs will be able to access other means of financing such as the discount of those orders.
iv) The number of companies that can grant assets in financial leasing is expanded to generate an affordable offer for MSMEs with more competitive operating costs.
v) Creation of the Capital Fund for Innovative Ventures to promote the development of the capital financing market for such ventures and high-impact (startups).
vi) Rules for the deduction of interest for loans taken from companies in the Financial System, provided for in paragraphs 2 and 4 of subsection a) of article 37 of the Income Tax Act, will apply to factoring companies since January 1, 2021.
Provisions related to the Selective Consumption Tax (ISC) .-
– Modification of the fixed amounts applicable to goods subject to the Specific System – Annex A.- By means of Ministerial Resolution No.042-2020-EF/15, the fixed amounts applicable to various goods subject to the Specific System of the ISC are updated (New Appendix IV of Supreme Decree No. 055-99-EF):
iii) For beverages with more than 20° of alcohol, the amount varies from S/.3.40 to S/3.47 per liter.
– New provisions for the application of monetary updating factors.- With the Ministerial Resolution No. 034-2020-EF/15, the methodology and procedure for the monetary updating of fixed amounts of the Specific System – Annex A are modified. In this regard, it is established that the Consumer Price Index- CPI of Metropolitan Lima will be applicable according to the goods in question and it is indicated that in the fixed amounts of the New Appendix III, the CPI volatility ratio for fuel and lubricant items must be less than 1.50.
New version of the ISC PDT, Virtual Form No. 615 is approved.- The Superintendent Resolution No. 030-2020/SUNAT approves version 5.0 of the ISC-PDT, Virtual Form No. 615. This new version addresses the detailed modifications in the previous point being mandatory from February 2, 2020 (regardless of the period to which the statement applies, even if they are rectifying statements).
New version of PDT No. 601 is approved. – The Superintendence Resolution No. 025-2020/SUNAT approves version 3.7 of the PDT Electronic Spreadsheet – PLAME, Virtual Form No. 0601 which updates the value of the ITU for the year 2020 and increases the monthly contribution to ESSALUD for agricultural workers. This PDT is mandatory from February 1, 2020.
Transfer of the obligation to issue payment vouchers.- In Report No. 003-2020-SUNAT/7T0000, SUNAT establishes the following conclusions:
In the case of a merger of companies, its execution does not imply the transfer of the obligation to issue payment vouchers but since the merging companies are extinguished, it will correspond to the new or existing company issue the respective payment voucher for the transfer of goods, in property or in use, or provision of services that are made from the entry into force of the merger, as well as for transactions carried out before it by companies that cease to exist and whose obligation to issue the payment voucher arose after that time.
With regard to a division of companies, in which the capital blocks to be transferred are composed solely of assets, whether the company that is split is extinguished or not, its execution does not entail the transfer of the obligation to issue payment vouchers for part of it in favor of the company (s) to whom (s) transfers its corporate equity blocks.
Determination of the ISC applicable to slot machines.- Report No.008-2020-SUNAT/7T0000 states that the ISC applicable to multi-point or multiplayer slot machines must be determined individually for each betting terminal or player module, applying the respective fixed amount according to the net income for each terminal, unless it is proven that the multi-slot machine only works with a centralized counter, in which case the ISC will be determined considering all terminals as part of a single slot machine.
Depreciation accounted for not deducted.- Report N ° 201-2019-SUNAT/7T0000 states that if a good of the fixed asset (other than buildings and constructions) is disposed of, the depreciation accounted for which has not been deducted for tax purposes in the relevant fiscal years, the computable cost of said asset will be calculated without considering the amount of such depreciation not deducted.
Laboratory test: Service provided abroad.- Report No. 202-2019-SUNAT/7T0000 concludes the following: i) It is taxed with the Income Tax, the remuneration for the laboratory test service of analysis of food provided abroad by a foreign company in favor of a Peruvian company whose results are used by the latter for the domestic processing of the products that it commercializes in national and international markets. ii) This operation qualifies as a service utilization taxed with the General Sales Tax- IGV. The user of these services has the status of a taxpayer.
Transfer of negotiable invoices.- Through Report No.199-2019-SUNAT/7T0000, SUNAT establishes that the income generated by the acquirer in transfers of negotiable invoices made as a result of confirming operations is applicable to the reduced rate of Income Tax provided for in article 5 of Law No.30532, if the factor or acquirer that assumes the credit risk of the debtor is a natural person, an undivided estate or a conjugal partnership that chose to tax as such, domiciled in the country, or a sole proprietorship incorporated abroad.
Investment Funds in general and Real Estate Investment Funds (FIRBI).- Report No.197-2019-SUNAT/7T0000 states the following:
i) In the case of domiciled natural persons who are members of a Peruvian investment fund, the basis for determining the withholding of Income Tax on second category income attributed to them other than those arising from the disposal, redemption or rescue of the goods referred to in subsection a) of article 2 of the Income Tax Act is the net income which is equivalent to the gross income minus 20% thereof; and in the case of non-domiciled taxpayers, said basis for calculation will be the totally of the amounts paid or credited to them.
ii) In the case of a FIRBI that transfers to a third party real state that its members contributed as title deed, the proportional part of the depreciation that cannot be attributed to the members domiciled natural persons or sole proprietors not domiciled must be retained as part of the cost computable to be considered for the purpose of said transfer.
Notary owner-manager of an Individual Limited Liability Company (E.I.R.L.). Through Report No.187-2019-SUNAT/7T0000, SUNAT states that regarding the Income Tax, the tax liability of an E.I.R.L. cannot include the tax liability generated by the notary who is its owner-manager in the exercise of its notarial functions.
Graduality infringement of subsection 1 of article 178 of the Tax Code (RTF of Mandatory Compliance No.0222-1-2020).- The following mandatory criteria is established: “The cancellation of the tax referred to in subsection b.1) of subparagraph b) of numeral 1 of article 13-A of the graduality regime for the purposes of applying the aforementioned graduality regime is only payable if a charge for regularization is made on the basis of a statement of amendment”.
Admissibility of extemporaneous appeal (Cassation No. 4145-2012 Lima).- The Temporary Civil Division of the Supreme Court has established the criteria for the admissibility – without requiring prior payment – of an appeal filed outside the 15 working days provided for in article 146 of the Tax Code. It is established that the admission will proceed when it is verified that the impropriety of the collection is manifest, direct, evident or at a glance it is noticed that this is, for example, a statute-barred debt, an infringement imputed even though the administration had not initiated activities and therefore had no authorization for payment vouchers, among others.
Commissions for guarantees granted for loans granted by foreign companies (RTF No.10807-1-2018).- The taxpayer paid commissions to a foreign company to guarantee loans obtained abroad. The Tax Administration questioned these payments stating that they constituted income from Peruvian sources, therefore they were subject to Income Tax. The Final Court indicated that the payments made by bonds or guarantees are included in subsection c) of article 9 of the Income Tax Act, since the said regulation does not only include income from the placement of capital, such as loans, but also those incomes that derive from loans that do not necessarily imply a capital outlay, such as indirect loans (guarantees, letters of guarantee, approved loans not disbursed, etc.). Consequently, they were income from Peruvian source and had to be taxed.
IGV: Search for clients abroad (RTF 3904-5-2019).- The Tax Court establishes that the service provided by a non-domiciled person, consisting of looking for buyers abroad and attending to the direct relations between the seller and the buyers, does not qualify as utilization of services for purposes of the IGV. In this regard, it is pointed out that the service was not directly oriented towards sales or export operations, since it could happen that the providers obtained clients abroad and the coordination for the operations was carried out directly between the taxpayer and its potential client abroad. Since these services are provide abroad, they are outside the scope of the IGV Act.
