What are the 12 business rules in effect this year?

For this 2023, 12 tax regulations for the business sector come into force, reported the Chamber of Commerce of Lima (CCL). Likewise, although some are recent, others have been issued at the end of 2022.

For the most part, the regulations issued at the end of 2022 —whose modified regulation had to be published until December 31 of last year, the date on which it expired— are due to the annual frequency of some taxes, such as income tax. , indicated Álvaro Gálvez, manager of the CCL Legal Center.

What are the current tax regulations?

1. Taxpayers will have one day to notify the National Superintendence of Customs and Tax Administration (Sunat) about the issuance of the electronic invoice.
2. Exemption from income tax sale of shares: The exemption from income tax on the sale of shares made through the stock market, by individuals, up to the first 100 UIT of annual capital gains, is extended until December 31, 2023.
3. Deduction for scientific research: For income tax purposes, taxpayers with income of up to 2,300 UIT may deduct: 1,240% if the project is carried out by the taxpayer or domiciled research centers. 2. 190% if the project is carried out in research centers that are not domiciled. In the event that taxpayers have income of more than 2,300 UIT, they can deduct: (i) 190% if the project is carried out by the taxpayer or domiciled research centers; (ii) 160% if the project is carried out in non-domiciled research centers.
4. Special depreciation regimes: Depreciation of buildings and constructions is allowed at the maximum rate of 33.33% per year, up to their total depreciation, provided that they are used exclusively for business development, and two requirements are met: construction begins on January 1 2023: and that by December 31, 2024, at least 80% of the work has been advanced. Depreciation is also allowed for hybrid land transport vehicles (with piston engine and electric motor) or electric vehicles (with electric motor), acquired in the years 2023 and 2024, with the maximum annual rate of 50%, up to their total depreciation.
5. Condition of subject without operational capacity: the procedure for attribution of the status of subject without operational capacity is regulated, within the framework of the fight against tax evasion, considering as such the one who appears as the issuer of the payment receipts, but does not have the economic, financial, material, human and/or others, or these are not suitable to carry out the operations for which said documents are issued.
6. Extension of IGV exonerations: the extension of the validity of appendices I and II of the General Sales Tax and Selective Consumption Tax Law is established, until December 31, 2025.
7. Early VAT recovery: Exceptionally, until December 31, 2024, natural or legal persons who carry out an investment project, in any sector of economic activity, that generate third-category income and whose execution involves an investment commitment of no less than US$2 million, as the total investment amount, including the sum of all sections, stages or similar.
8. IGV refund in mining and hydrocarbon activities: the validity of Law 27623 is extended until December 31, 2027, which provides for the return of the IGV to the holders of the mining activity during the exploration phase; and 27624, which provides for the return of the IGV for the exploration of hydrocarbons.
9. Myperú impulse program: The MYPE Business Impulse Program (Impulso Myperú) is created, through the granting of a guarantee from the national Government to the credits generated in favor of mypes; and the subsidy called “Impulso Myperú Good Payer Bonus” (BBP). The individual guarantee limit granted by this program to the credits granted to the mype in national currency, applies according to the following coverage: a) Up to S/30,000: 98% of the portfolio per debtor; and b) From S/30,001 to S/90,000: 90% of the portfolio per debtor.
10. Term of Reactiva Perú – FAE Turismo and Fae Texco: The acceptance period for the reprogramming of Reactiva Perú, FAE Turismo, and FAE-Texco, which are referred to in emergency decrees 011-2022, is extended until June 30, 2023. 012-2022 and 004-2022, respectively.
11. Extended use of stickers with advertising warnings: The period that allows imported products to use stickers with advertising warnings, referring to the content of saturated fats, sugar, sodium and trans fats, is extended until June 30, 2023.
12. Sanctions will not be applied for remitting goods with remittance guides without new requirements: It is provided to apply the discretionary power of not administratively penalizing the offenses typified in numerals 5 and 9 of article 174 of the Tax Code (transporting goods or remitting goods, respectively, with documents that do not meet the regulatory characteristics to be considered referral guides), detected from January 1, 2023 to June 30, 2023.