Tax provisions for the promotion of books and reading.– Law N° 31893, published on October 11, 2023, establishes the following:
(i) As from October 17, 2023, the sale in the country or import of books and related publishing products is exempted from IGV, incorporating the corresponding products in Letter A of Appendix I of the IGV Law.
ii) Book publishers shall be entitled to a tax refund equivalent to the IGV recorded separately in the payment vouchers corresponding to their acquisitions and imports of capital goods, raw materials, inputs, electronic prepress services and graphic services for the production of books and related publishing products, as from October 17, 2023.
iii) Royalties received by national and foreign authors and translators, both domiciled and non-domiciled in the country, for copyrights related to books or related publishing products, will be exempted from Income Tax for three years as from January 1, 2024.
The procedure for ex officio registration in the RUC is modified.– As recalled by Legislative Decree N° 1524, the RUC Law was modified in order to establish, among others, that the acts that make up the procedure for ex officio registration in the RUC must be notified through SUNAT’s website.
Through Superintendence Resolution N° 220-2023/SUNAT, published on October 25, 2023, Superintendence Resolution N° 210-2004/SUNAT, which established provisions related to the RUC, is modified as of the day following its publication, in the following sense:
i) The act with which the ex officio registration procedure is initiated will contain, among others, the details of the situation that supports the obligation to register in the RUC and, the infraction that is configured by its non-compliance.
ii) The notified party may register in the RUC or present the arguments that support the fact that it does not correspond to its registration in the RUC, within 10 working days from the date on which the notification of the act initiating the ex officio registration becomes effective.
iii) SUNAT will issue a pronouncement within 15 business days, counted as of the expiration of the 10 business day term mentioned above.
iv) All acts issued within the framework of the ex officio registration will be notified by publication through SUNAT Virtual.
Free disposition of funds from drawdown accounts is established.– Law N° 31903, published on October 21, 2023, provides for the extraordinary free disposition of funds from drawdown accounts to strengthen the financial capacity of micro and small enterprises (MSEs), under the following conditions:
(i) Natural persons or legal entities, whose annual sales comply do not exceed 150 UIT (in the case of micro enterprises) and 1,700 UIT (for small enterprises) qualify as MYPE. For this purpose, total sales at the end of fiscal year 2021 or at the end of the fiscal year prior to the date of publication of the Law for those MSEs registered in fiscal year 2022 onwards will be considered.
ii) The request shall be submitted only once, through SUNAT Online Operations, from November 1, 2023 to January 31, 2024 and shall include all MSE deduction accounts and all concepts, including the special account – IVAP. The release is not subject to any additional conditions, except those indicated in this Law.
iii) SUNAT may only transfer ex officio the funds of the deduction accounts, in charge of the MSE holders, for the payment of the tax debts administered or collected by such entity. SUNAT may not make ex officio transfers of funds from the MSEs’ deduction accounts to be deposited as collection under assumptions not contemplated in this Law.
iv) Finally, the general procedure for the automatic release of funds (without prior request of the holder) is established, whereby SUNAT will proceed ex officio to release the funds of the holders of MSE accounts, with respect to the accumulated funds that were not exhausted in the last three consecutive months, the only requirement being that the taxpayer has no outstanding tax debt administered by SUNAT.
Maximum amount of Selective Consumption Tax (ISC) refund is determined for those who provide land transportation services.- Through Superintendence Resolution N° 215-2023/SUNAT, published on October 17, 2023, the percentage to determine the maximum amount of ISC refund referred to in the Regulation of Emergency Decree N° 012-2019, approved by Supreme Decree N° 419-2019-EF is approved:
Month Percentage of ISC participation
July 2023 11.00%
August 2023 10.09%
September 2023 9.46%
The sale of metal made by mining producers in favor of jewelry manufacturers destined for export is regulated – Through Legislative Decree N°1552, published on May 5, 2023, the Value Added Tax Law was amended in order to consider as export of goods, the sale of metal made by mining producers in favor of national jewelry manufacturers destined for export. The effectiveness of this decree was subject to the entry into force of the corresponding regulations.
Under this scenario, on October 4, 2023, Supreme Decree N° 214-2023-EF was published, which amends Article 9 of the Regulation of the Value Added Tax Law in order to regulate the following aspects:
i) The conditions to be met by the mining producer and the jewelry manufacturer. ii) The registration in the Registry of Mining Producers and in the Registry of National Jewelry Manufacturer, as applicable. iii) The delivery of the input-output report to be submitted by the jewelry manufacturer to SUNAT, in order to accredit that the metal sold by the mining producer has been incorporated in the exported product. iv) The temporary unenforceability of the tax compliance profiles.
Until the Superintendence Resolution issued by SUNAT to regulate the means, form and conditions to present the communication and grant the conformity comes into force, the mining producer and the national jewelry manufacturer must present independently through SUNAT’s Virtual Desk, a communication of delivery and reception, respectively, attaching the document or documents established by the Regulation, within 10 working days from the date of delivery of the metal.
Deduction of provisions for bad debts.– By means of Report N° 100-2023-SUNAT/7T0000, SUNAT has concluded that:
(i) In order to determine whether the extension of a service of continuous or periodic execution, which was contracted with a customer before the latter had a debt due under another contract different and independent from the former, qualifies as a renewal of debt, in each particular case the characteristics of the service, the obligations of the parties, the legal regulations governing the contract (if any), among other elements that allow establishing whether or not there was a renewal of trust in the debtor, must be analyzed in each particular case.
ii) It qualifies as a renewal of credits the granting of a new credit before the overdue debt has been provisioned for in the accounting records.
Notification by electronic means (Resolution of the Tax Court – “RTF” N° 7112-2-2023). – Through this resolution, the Tax Court establishes the following precedent of mandatory observance: “The notification referred to in Article 2 of Superintendence Resolution N° 014-2008/SUNAT, as amended by Superintendence Resolution N° 154-2020/SUNAT, which regulates the notification of administrative acts by electronic means through the “SOL Notifications” System, is accredited with the sole Proof of Notification – “Notificación SOL”, which states that the corresponding deposit in the electronic mailbox assigned to the administered party was registered in the computer systems of that one, not being necessary that it be subscribed and/or countersigned by an official of the Administration.”
Undue application of the Additional Income Tax Rate (RTF N° 02412-1-2023).– Through RTF N° 02412-1-2023, the Tax Court establishes that SUNAT should not apply the additional income tax rate of 4.1% when a deduction is recorded via sworn statement, which was not recorded in the accounting books, since it does not imply an indirect provision for the shareholder, since the distribution of dividends is made on the basis of the accounting profit.
In this case, the taxpayer in 2016 deducted the amount corresponding to an addition made in its annual tax return for 2015 (income accrued in 2016), SUNAT repaired this deduction and the Tax Court concluded that such amount was not recognized for accounting purposes, maintaining the repair but revoking the end referred to the application of the additional income tax rate.
Depreciation rate on fixed and permanent installations in leased premises (RTF N° 0652-3-2023).– The taxpayer equipped some premises that were assigned by third parties, with freight elevators, roof top equipment, smoke and dust extractors, air conditioning and ventilation installations, screens, fire pumps, among others; these installations were depreciated at the rate of 10% and not 5%, considering that they were removable assets and therefore independent from the building.
SUNAT and the Tax Court concluded that the applicable rate was 5% since i) the taxpayer did not timely submit the sublease, usufruct and surface contracts signed by the taxpayer, ii) the expert opinion and the technical reports submitted do not specifically identify each asset; iii) the tests performed were not exhibited and the technical characteristics and useful life of the assets were not indicated; and, iv) the mere observation that the fixed assets observed can be removed or disassembled from the buildings does not mean that they cannot be destroyed, deteriorated or altered in their value.
